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Series. 


CIHM/ICMH 
Collection  de 
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Canadian  Inttituta  for  Historical  IMicroraproductiona  /  institut  Canadian  da  microraproductions  liiatoriquaa 


Technical  and  Bibliographic  Notas/Notas  tachniquaa  at  bibliographiquaa 


Th« 
toi 


Tha  instituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographicaliy  uniqua, 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction.  or  which  may  aignificantly  changa 
tha  uaual  mathod  of  filming,  ara  chaclcad  balow. 


D 


D 


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Colourad  covara/ 
Couvartura  da  coulaur 


I      I    Covara  damagad/ 


Couvartura  andommagte 

Covara  raatorad  and/or  laminatad/ 
Couvartura  raataurAa  at/ou  palliculte 

Covar  titia  misaing/ 

La  titra  da  couvartura  manqua 


I      I   Colourad  mapa/ 


Cartoa  gtographiquaa  an  coulaur 


□    Colourad  inic  (i.a.  othar  than  blua  or  biacic)/ 
Encra  da  coulaur  (i.a.  autra  qua  blaua  ou  noira) 

□   Colourad  plataa  and/or  iiiuatrationa/ 
Planchaa  et/ou  iiiuatrationa  an  coulaur 

□    Bound  with  othar  matarial/ 
RaliA  avac  d'autraa  documanta 


G 


Tight  binding  may  cauaa  shadows  or  diatortion 
along  intarior  margin/ 

Lareliure  sarrie  paut  causar  da  I'ombra  ou  da  la 
distortion  la  long  da  la  marge  intAriaura 

Blank  laavas  addad  during  raatoration  may 
appear  within  the  text.  Whenever  poaaible,  theae 
have  been  omitted  from  filming/ 
11  se  peut  que  certainas  pagea  blanchea  ajout^aa 
lore  d'une  reatauration  apparaiaaant  dana  la  texte, 
maia,  lorsqua  ceia  Atait  possible,  ces  pages  n'ont 
pas  AtA  filmAea. 

Additional  commenta:/ 
Commantairea  supplAmantairaa: 


L'Inatitut  a  microfilm*  la  mailleur  eMemplaira 
qu'il  lui  a  4t4  poaaible  de  ae  procurer.  Lea  dAtaila 
da  cat  exemplaira  qui  aont  paut-Atre  uniquea  du 
point  da  vua  bibliographiqua,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  «»xiger  une 
modification  dana  la  mAthoda  normala  de  filmaga 
aont  indiqute  ci-deaaoua. 


D 
0 
D 
0 
D 
0 
D 
D 
D 
D 


Coloured  pages/ 
Pagea  de  couieur 

Pagea  damaged/ 
Pagea  andommag^aa 

Pages  reatored  and/or  laminated/ 
Pages  reataurtea  at/ou  pelliculAea 

Pages  discoloured,  stained  or  foxed/ 
Pagna  di:;olor4ea.  tachettea  ou  piqutes 

Pages  detached/ 
Pages  dAtachias 

Showthrough/ 
Tranaparance 

Quality  of  print  variea/ 
Quaiitt  inigala  de  I'impreaaion 

Includaa  aupplementary  material/ 
Corhprand  du  material  &appMmentaire 

Only  edition  available/ 
Seule  Edition  diaponible 

Pagea  wholly  or  partially  obacurad  by  errata 
alipa,  tiaauaa,  etc..  have  been  refiimed  to 
enaura  tha  beat  poaaible  image/ 
Lea  pagea  totalament  ou  partiellement 
obacurciaa  par  un  fauiilet  d'errata.  una  palure. 
etc..  ont  At*  fllmAea  A  nouveau  da  fapon  A 
obtenir  la  mailleure  image  poaaible. 


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Ce  document  est  film*  au  taux  de  reduction  indiqu*  ci-deaaoua. 


10X 

14X 

18X 

22X 

26X 

30X 

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12X 


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20X 


24X 


28X 


32X 


Th«  copy  fllmMl  hw  has  been  r«proilue«d  thanks 
to  th«  ganarotity  of: 

Library  of  tha  Public 
Archlvaa  of  Canada 


L'axamplaira  filmA  fut  raproduit  grica  A  la 
g4n4ro8lti  da: 

La  bibliothAqua  dat  Archivat 
publiquas  du  Canada 


Tha  imagaa  appaaring  hara  ara  tha  baat  quality 
poaalbia  consldaring  tha  condition  and  laglbllity 
of  tha  original  copy  and  In  kaaping  with  tha 
filming  contract  apacificatlons. 


Original  copias  In  printad  papar  covara  ara  filmad 
baglnning  with  tha  front  oovar  and  anding  on 
tha  last  paga  with  a  printad  or  llluatratad  Impras- 
slon.  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baglnning  on  tha 
first  paga  with  a  printad  or  llluatratad  impraa- 
slon,  and  anding  on  tha  laat  paga  with  a  printad 
or  llluatratad  impraasion. 


Las  imagas  auivantaa  ont  M  raprodultaa  avac  la 
plus  grand  soin.  compta  tanu  da  is  condition  at 
da  la  nattatA  da  l'axamplaira  f ilmi,  at  an 
conformity  avac  las  conditions  du  contrat  da 
fllmaga. 

Las  axamplalras  originaux  dont  ia  couvartura  an 
papiar  aat  ImprimAa  aont  fiimAs  an  commandant 
par  la  pramlar  plat  at  an  tarminant  soit  par  ia 
darnlAra  paga  qui  comporta  una  amprainta 
d'imprassion  ou  d'iilustration,  soit  par  ia  sacond 
plat,  salon  la  cas.  Tous  las  autras  axamplairas 
originaux  sont  filmAs  an  commandant  par  ia 
pramlAra  paga  qui  comporta  una  amprainta 
d'impraaalon  ou  d'iliuatratlon  at  an  tarminant  par 
la  darnlAra  paga  qui  comporta  una  talla 
amprainta. 


Tha  last  racordad  frama  on  aach  microficha 
shall  contain  tha  aymbol  — ^>  (moaning  "CON- 
TINUED"), or  tha  aymbol  ▼  (maaning  "END"), 
whichavar  appllaa. 


Un  daa  aymbolas  suivants  apparaftra  sur  ia 
darnlAra  imaga  da  chaqua  microficha,  salon  ia 
cas:  ia  aymbola  — ►  aignifia  "A  SUIVRE",  ia 
symbols  ▼  signifia  "FIN". 


Maps,  platas,  charts,  ate,  may  ba  filmad  at 
diffarant  raductlon  ratioa.  Thosa  too  larga  to  ba 
antlraly  Included  In  ona  axposura  ara  filmad 
baglnning  In  tha  uppar  laft  hand  corner,  iaft  to 
right  and  top  to  bottom,  aa  many  framaa  aa 
raqulrad.  Tha  following  diagrams  illustrata  tha 
mathod: 


Las  cartas,  planchas,  tableaux,  ate,  pauvant  Atra 
fiimAa  A  daa  taux  da  reduction  diff Grants. 
Lorsqua  la  document  est  trap  grand  pour  Atre 
reprodult  en  un  seul  cllchA,  II  est  film*  A  partir 
da  i'angle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  la  nombre 
d'Images  nicessaire.  Lee  diagrammas  suivants 
illustrant  ia  mithode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

h 


i; 


w 


HISTORY 


OF 


LOUISIANA. 


THE   AMERICAN  DOMINATION. 


BT 


C  HAR  LE  S    GAYARR  E. 


NEW  YORK: 
WILLIAM  J.  WIDDLETON,  PUBLISHER. 

1806. 


w 


Entoreil  acconllng  to  Act  of  Congress  in  the  year  1866, 

By    CHABLEB  GAYAIIRIO, 

In  the  Clerk's  ottlco  of  the  District  Court  of  tbo  United  StntoB  for  the  Southern 
DiBtrkt  of  Now  York. 


NEW   YORK : 

EDWARD   0.   JENKINS,   PRINTER, 

JO  NORTH  WILLIAM  ST. 


1     .'• 


CONTENTS. 


CHAPTER  I. 


Cession  op  Louisiana  to  the  United  States.— 1808-1804. 

Effects  of  the  Cession — Feelings  of  tlie  Inhabitants — Organization  of  the 
Territory — Powers  of  Governor  Claiborne — Act  of  Congress  about  Slav- 
cry — Laussat's  Dispatch- -His  Views  and  Predictions — Affi*ays  and  Tu- 
mults— Unpopulaiity  of  the  Cession — Secession  of  the  Western  States 
—  The  Louisiana  Bank  —  Condition  of  the  M'litii^ — Public  Meet- 
ings —  Insurrection  alwve  Manchac  —  Kemper  and  his  Followers 
— Opposition  to  the  Government — Judicial  Organization — Adoption 
of  Laws  —  Governor  Claiborne  Sworn  into  Office  —  Spanish  In- 
trigues— A  Political  Pamphlet — Popular  Excitement— Governor  Clai- 
borne's Vindication — Two  Hundred  Frenchmen  Ordered  Away — Garcia 
and  Morgan — Arrest  of  Garcia — Casa  Calvo's  Complaints — Claiborne's 
Answers — Imports  vion  of  Slaves — First  Legislative  Assembly — Belief 
in  Re-cession — Tne  Yellow  Fever — Prevention  of  Yellow  Fever — De- 
bates in  Congress— Reflections  on  the  Debates     .*         .  .  , 


CHAPTER  II. 

Govehnob  Claiborne's  Administration.— 1805. 

Petition  of  the  Louisianians — John  Randolph's  Report — Congressional 
Legislation — Claiborne  to  Madison — New  Territorial  Government — 
Grants  of  Land  by  Morales — Casa  Calvo  and  his  Body-Guard — Quarrels 
between  Morales  and  Casa  Calvo — Desired  Departure  of  the  Spaniards 
— Increase  of  Spanish  Armaments — Apprehensions  of  Spanish  Hostili- 
ties— Suspected  Spanish  Agents — Aaron  Burr  Arrives  Sn  New  Orleans 
— Claiborne's  Secret  Correspondence — The  Spaniards  Unwilling  to  De 
part — Claiborne's  Remonstrances — Claiborne  and  Casa  Calvo — Depart- 
ure of  Casa  Calvo — Casa  Calvo  Goes  to  Texas — Claiborne  Prepares  for 
War — Silspicious  Movements  of  Casa  Calvo — Claiborne  Asks  for  Rein- 
forcements— Organization  of  the  Militia — Negotiations  with  Spain — 
Pinckney  and  Cevallos — ^Monroe  Sent  to  Spain — France  Unfavorable  to 
the  U.  S. — Negotiations  with  Spain — Ultimatum  of  the  United  States 

(iii) 


i^ 


IV  CONTENTS. 

— Negotiations  witli  Hpaln  at  an  End — Attacks  Against  Claiborne — 
Clnlborno's  Bolt- Vindication— Claiborne  not  on  a  Bed  of  Roses — New 
Orleans  Incori)orate(' — Religious  Quurntls — Claiborne  and  his  Enemies 
— Sauvt',  Destn'-han,  and  Dorbigny — Claiborne's  Report  to  Madinon — 
Important  Manuscript  Found — The  Ursulino  Nuns  put  on  the  Stoge — 
Mooting  of  the  Legislature— Claiborne's  Message- Father  Walsh  and 
Father  Antonio — A  Schism  among  the  Catholics— The  Fortificatioii .  of 
New  Orleans — Claiborne  and  Land  Titles— List  of  the  Public  Buildings 
—Conflict  of  Civil  and  Military  Authority — Condition  of  the  Judiciary. 


S8 


CHAPTER  in. 

QovEBNOK  Claiborne's  Administhation. — 1806. 

Military  Resources  of  the  Territory — Secretary  Qraham  to  Madison — The 
Spaniards  still  Linger  in  Louisiana — Claiborne's  Alarms— The  Mulatto 
Corps — Claiborne  to  Casa  Calvo — Battalion  of  Orleans  Volunteers — In- 
diflfcrence  to  the  Right  of  Suffrage — Expulsion  of  Morales — Expulsion 
of  Casa  Calvo — Hig  'Charges  in  Lovflsiana^ — Internal  Improveracnta — 
Claiborne  on  Education — Increase  of  Troops  Required — Hostile  Acts  of 
the  Spaniards — John  Randolph  and  Claiborne — Regulations  on  Citizen- 
ship— Governor  Claiborne's  Veto — Claiborne's  Opinion  of  the  Natives— 
Another  Veto  by  Claiborne — Claiborne  and  the  French  CPnsul — Elec- 
tion of  D.  Clarke  to  Congress — Emigration  firom  L((ai8iana — Causes  of 
Discontent — Claiborne  and  the  Lady  Abbess — Judicial  Decision  on  Al- 
legiance— Celebration  of  the  Fourth  of  July — Claiborne  and  General 
Herrera— Claiborne's  Military  Measures — Arrival  of  Wilkinson — Father 
Antoine  Suspected — Father  Antoine  Swears  Allegiance- Claiborne's 
Conflicting  Opinions — Claiborne's  Despondency — Wilkinc  a  Denounces 
Burr — Daniel  Clarke  Suspected — Commotion  in  New  Orleans — Clai- 
borne and  Martial  Law — Wilkinson  and  Martial  Law — Clalbomt^  and 
the  Embargo — Proposed  Impressment  of  Sailors — Wilkinson  and  Aiiron 
Burr — Claiborne  and  Wilkinson  Disagree — Cowles  Meade  on  Burr — 
Arrest  of  Citizens — Swartwout  and  Ogden — Claiborne  and  Judge  Work- 
man— The  Embargo  Repealed.       .  .  .  .  .  .  123 


CHAPTER  IV. 

GOVBKNOB  CLAIBBOBNB'S  ADMINISTRATION. — 1807-1808. 

Arrest  of  Workman  and  Kerr— Suspicious  Movements  of  Folch — Clai- 
borne to  Cowles  Meade — ^The  Legislature  and  Wilkinson— Arrest  of 
Aaron  Burr- Claiborne  on  the  Plans  of  Burr — Claiborne  and  the  Har 
l)eas  Corpus — Military  Interference  with  Slavery — Claiborne  and  the 
Batture — Edward  Livingston  and  the  Batturo— Riot*  about  the  Batture 
Claim— Claiborne  and  the  Rioters— Proceedings  of  the  Rioters— Gover- 
nor Claiborne  on  the  Judiciary — ^The  President  and  the  Batture — Clai- 
borne's Instructions  to  a  Judge — Demolition  of  Fort  St.  Louis — Digest 
of  Ci\Tl  Law— Circular  to  Militia  OflBcera— Riots  and  Disturbances— 


|.,1 


CONTENTS.  ▼ 

Clnilwtrno  on  tho  Civil  Law — Reflections  on  the  Civil  Law— Proceedings 
in  Courts— Aversion  to  Militia  Duty  <<- Negroes  Running  Away  to 
Texas.  .........  174 

CHAPTER  V. 

Claiborne's  Admimistration.- 1800-1810. 

Claiborne  on  Public  Scbools — Criminal  Jurisprudence  and  Punishments — 
Claiborne  on  Foreign  Relations — Surrender  of  Runaway  Negroes — 
Arrival  of  United  States  Troops — Violent  Feuds  In  Polnte  Coupt^e — 
Admission  into  the  Union  Demanded — Census  of  Inhabitants — Oppo 
sltlon  to  State  Government — French  Emigration  from  Cuba — Claiborne 
and  the  French  Emigrants — Claiborne  Checking  Immigration — Arrival 
of  too  Many  Strangers — Sickness  Among  the  U.  8.  Troops — Mortality 
Among  the  U.  S.  Troops — Encouragement  to  Domestic  Industry — The 
Yellow  Fever  and  Health  Laws — Necessity  of  Public  Education — Clai- 
borne on  Public  Appointments — Hostility  of  C*Ialborne  Increasing — 
Claiborne's  Noble  Letter — Smuggling  of  Slaves  and  Merchandise — 
Heroism  of  Louis  Grandpr^ — A  Declaration  of  Independence — Conven- 
ventlon  of  West  Florida— West  Florida  Annexed— The  President's 
Proclamation — Instructions  to  Claiborne — Address  to  the  Floridlans — 
Oreat  Britain's  Protest — New  Parishes  Formed.         ....  204 


i\ 


CHAPTER  VL 

CLAiBoimB'B  Administration.- 1811-1812. 

Debates  In  Congress — Mr.  Miller's  Speech — Mr,  Rhea's  Sprech— Joslah 
Qulncy's  Speech — Polndexter's  Speech — Mr.  •  ..M's  Speech — ^A  Conven- 
tion Called — Conditions  of  Admission  as  a  Star ; — Insurrection  of  Ne- 
groes— The  Negroes  Defeated — Livingston  and  Fulton — Meeting  of 
the  State  Convention — Speech  of  Poydras — Proceedings  of  the  Con- 
vention— The  Constitution  of  Louisiana 244 


CHAPTER  Vn. 
Administration  of  Ooybrnor  Glaibornb.— 1812-1818. 

Debates  in  Congress — Enlargement  of  the  State — State  Qovemment 
Organized — War  with  Qreat  Britain — Aversion  for  Public  Life — ^A 
Want  of  Men  for  0£9ce8 — A  number  of  Resignations — Madison's 
Inaugural  Address — The  Smugglers  of  Barataria — Danger  of  Indian 

*  Hostilities — Conflagrations  and  Overflows — F.  X.  Martin  on  the  Con- 
stitution— Credit  of  U.  S.  impaired — ^Inadequate  Protection  from  the 
U.  S. — The  Militia  U)  be  called  out — Judicial  Decision  on  the  Batture — 
Massacres  by  the  Indians — Claiborne's  Indian  Talk — Proclamation 
Against  Smugglers — John  and  Pierre  Lafitte — Deeds  of  the  Bucca- 
neers— The  Baratarians — Anxieties  of  the  Public  Mind.        .        .        .  276' 


V 


CONTEXTS. 


CHAPTER  VIII. 


Claiborne's  A  dminibtration.— 1814. 


Effects  of  War — Sujfflfested  Ameliorations —Too  Much  L»!(aflMlatlon — The 
Baratarlans — F.  X.  Martin  on  tlie  Constitution — Projected  Invasion  of 
Texas — Kequlsltion  on  the  Militia — Insubordination  of  the  Mllltla — 
Danger  of  a  Civil  War — Claiborne  and  the  Militia — Unpopularity  of 
Militia  Duty— The  Mllltla  Refractory— Federal  Requisition  Rejected— 
Claiborne  on  the  Press — Claiborne's  Appeal — Danger  of  Invasion  In- 
creasing— Claiborne  to  be  impeached — Peace  with  the  Creeks — Louisi- 
ana's Destiny — The  Free  Men  of  Color— Claiborne's  Military  Orders — 
English  Proclamation — British  Colonel  NichoUs — Colonel  Nicholls  to 
his  Troops — Claiborne's  Apprehensions — Claiborne  to  General  Jack- 
son— Claiborne  to  the  Louisianlans— Public  Meeting — Patriotic  Reso- 
lutions— Committee's  Address  to  Louisianlans — Claiborne  to  Mayor 
Girod — Attack  on  Fort  Bowyer — The  British  Repulsed — General  Jack- 
son's Proclamation — Jackson  to  the  Colored  Men — Colonel  Nicholls  to 
John  Lafitte — Sii  W,  H.  Percy  to  John  Lafitte — John  Lafitte  and 
British  Emissaries — John  Lafitte  to  Blanque— John  Lafitte  to  Clai- 
borne— Pierre  Lafitte  to  Blanque— Expeditions  against  the  Baratariaus 
— Claiborne  on  the  Colored  Men — Claiborne  trusts  the  Louislatiians — 
Claiborne  on  Smuggling — Smuggling  no  Crime-^Sympathy  for  Smug- 
glers— Jackson  and  the  Spaniards — Pcnsacola  Taken — the  French  Con- 
sul Insulted — Extra  Session  of  the  Legislature — Claiborne  to  the  Legis- 
lature— Call  for  the  Whole  Militia — Claiborne  on  the  Legislature. 


M. 


CHAPTER  IX. 
GovERNOK  Claiborne's  Administration.— 1814. 


1 


i 


The  Banks  Suspend  Payment — Arrival  of  General  Jackson — General  Jack- 
Bon'B  Character — Defenceless  Condition  of  the  State — Jackson's  Prepa- 
rations— Importance  of  Louisiana — General  Jackson's  Oath — Clai- 
borne's Military  Claims — Clairborne  to  the  Senate — Literature  in 
Louisiana — Approach  of  the  British — Debates  in  the  Legislature — 
Louaillier's  Report — Action  of  the  Legislature — Effects  of  Jackson's 
Presence — Battle  on  Lake  Borgno — Federal  Neglect  of  Louisiana — 
Claiborne's  Pithy  Message— Martial  Law  Proclaimed— Jackson's  Address 
to  the  Citizens— Jackson's  Military  Measures — Savary,  the  Colored 
Man— Jackson's  Address  to  the  Militia — Jackson's  Military  Orders- 
Services  of  Lafitte  Accepted — A  Stay  Law  Enacted — Arrival  of  Ten- 
nesseeans — Feelings  in  New  Orleans— Forces  of  the  Invaders — Bayou 
Bienvenu — The  Fishermen's  Village — Treachery  of  Fishermen— Land- 
ing of  the  British^Jackson  Marching — Skirmishes  with  the  Enemy — 
Attack  by  the  Carolina — Attack  by  General  Jackson — Battle  of  the  23d 
of  December — Jackson's  Report — General  D.  Morgan's  Corps — Excite- 
ment in  New  Orleans — Reflections — United  as  One  Man. 


879 


$■ 


CONTENTS. 


Vll 


808' 


CHAPTER  X. 

OovHRMOR  Claiborne's  Administration.— 1814-181S. 

Preparations  of  the  British— Catting  of  tlio  Levee — The  Carolina  Blown 
up— Attack  of  the  28th  of  December— Death  of  Colonel  HondorBon— Tlie 
Con(n^vu  Rockets— Artillery  Duel— Eflbctivo Firing  from  tlio  Louisiana 
— Americans  Strengthening  their  Lines — British  Black  Troops — The 
Rifle  and  the  Dirty  Shirts— Our  Mode  of  Wariare — Cannonade  un  the 
81st  of  Ducember— Battle  of  the  1st  of  January— British  Redoubts- 
Movements  of  the  Enemy— Arrival  of  the  Kentuckians— The  Women 
of  LouiHiano — Arrival  of  British  Roinforccmenta — Description  of  our 
LinoH — Admirable  Behaviour  of  Our  Troops — Full  Preparations  on  Both 
Sides — Battle  of  the  8th  of  January — Comments  on  the  Battle — Marshal 
Soult's  Opinion — Military  Commentaries — Tribute  to  Our  Troops — 
Syrapatliy  for  the  Wounded — Colored  Nurses  of  New  Orleans — Incapa- 
city of  General  D.  Morgan — Condition  of  Morgan's  Troops — The  Ken- 
tuckians Demoralized — Mayor  Amaud's  Command — Defeat  of  Qoneral 
Morgan — Kentuckians  Justifying  Themselves — Colonel  Thornton's 
Expedition — Thornton  Not  Arriving  in  Time — Jackson  to  Morgan's 
Defeated  Troops — General  Humbert — Condition  of  Morgan's  Troops — 
Suspension  of  Hostilities — Attack  on  Fort  St.  Philip— Evacuation  of 
the  British  Army — Retreat  of  the  British — Jackson  visits  the  British 
Camp — Jackson  Orders  a  Thanks^ving — Jackson  to  Ids  Army-#.Tho 
Results  Obtained — Compliments  to  the  Baratarians — General  Jackson's 
Report — Report  of  a  Court-Martial — Reception  of  Jackson  in  New  Or- 
leans— Address  of  Abbti  Dubourg — Jackson's  Answer  to  Dubourg. 


441 


CHAPTER   XL 

OOVBRNOR  ClAIBORNB'B  ADMINISTRATION.— 1816. 

Jackson  Displeased  with  Claiborne — Surrender  of  Fort  Bowyer — Admiral 
Cochrane'o  Complaint — General  Keane's  Sword  —  Abducted  Negroes 
Claimed — British  Infatuation — Abducted  Slaves  Claimed — Arbitration 
of  Russia — Historic  Contrast — Major  Lacoste  and  his  Slaves — British 
Love  of  Plunder— Booty  and  Beauty — Jackson  and  the  Legislature — 
Jackson's  Answer  to  the  Legislature — Claiborne's  Answer  to  the  Le^s- 
lature— Colonel  Fortier's  Testimony — ^Abner  Duncan's  Testimony — 
Mf^or  Davezac's  Testimony — Colonel  D^douet's  Testimony — Character 
of  D^clouet — Guichard's  Testimony — The  Committee  of  Investigation — 
No  Thanks  Voted  to  Jackson— General  Coffee  to  the  Legislature- 
Jackson  to  the  Mayor  of  New  Orleans— Reflections — Skipwith  to  Jack- 
son— Thibodaux  to  Skipwith— Blanque's  Letter  to  the  Cittaens— Reflec- 
tions        ...  811 

CHAPTER  Xn. 
Claibornb'b  Administration.- 1815. 
Jackson's  Quarrel  with  the  French  in  New  Orleans— Jackson's  Address  to 


vm 


C0NTENT8. 


tho  Militia — (}onoral  Jackson  and  the  French — Louailllcr'0  Puiillcation 
— ArroHt  of  Loualllior— Arrest  of  Judge  Hall — PirmneHs  of  DuploHHiM 
— ArroHt  of  Dick  and  Hollander— Thi)  Militia  Disbanded — Jackson  on 
Popularity — C'laibome  and  JackHon  on  Bad  Ti^rms — ClailM>mo  to  Maxu- 
mau — Claiborne  to  Jackson — Larije  Meetings  of  Cltiaens — Livingston's 
InconsiHtonciuH — Trial  of  Louailllor — Jitokson  on  Martial  Law— Martial 
Law  Rnvoked — Jackson's  Farewell  Adtlroas — The  Uniform  Companies 
to  Jacluon — .Tuckson  to  tho  Uniform  Companies — Trial  of  General 
Jackson — Jackson'n  Noble  Speech — Jaciison's  Violent  Temper— Federal 
Compliments  to  Louisiana — The  President's  Pardon  Proclamation — 
Claiborne  Vindicating  Himself- Wwhington's  Advice. 


878 


h 

r 

H 


'  I 


8UPPLEMBNTAL   CHAPTER. 
1816—1801. 

Death  of  Governor  Claiborne — Governor  James  Vlllerrf— -Oovomor  T.  Boil- 
ing Robertson — Governor  Honry  Johnson — Governor  Peter  Derbigny — 
Governor  A.  B.  Roman — Governor  B.  D.  White — Governor  A.  B.  Ro 
man — Governor  Alexander  Mouton— Governor  iHoac  Johnson — Govern- 
or Joseph  Walker — Governor  P.  O.  Hebert — Governor  Robert  C.  Wlck- 
liffe — Governor  T.  0.  Moore— The  Doom  of  Louisiana. 


682 


Jiv 


HISTORY  OF  LOUISIANA. 

* 

AMERICAN  DOMINATION. 


•»> 


CHAPTER  I. 

CESSION  OP  LOUISIANA  TO  THE  UNITED  STATES  —  FORMATION  OP  THE 
TEItRITORIAL  GOVERNMENT  OP  ORLEANS  —  PELUNGS  OP  THE  IN- 
HABITANTS —  DEBATES  IN  CONGRESS. 

1803—1804. 

On  the  20fch  of  December,  1803,  the  colony  of  Louisi- 
ana had  passed  from  the  domination  of  Spain  into  that 
of  the  United  States  of  America,  to  which  it  was  deliv- 
ered by  Fi'ance  after  a  short  possession  of  twenty  days, 
as  I  have  related  in  a  former  work  *  Its  inhabitants,  of 
French  or  Spanish  descent,  and  almost  all  the  foreigners 
who  resided  in  the  province,  either  permanently  or  tem- 
porarily, were  discontented  and  gloomy.  To  them  the 
change  of  government,  or  nationality,  was  extremely  dis- 
tasteful, for  reasons  as  various  as  the  habits,  tastes,  pre- 
judices, passions,  disappointments  and  hopes  of  each  indi- 
vidual. A  few  Americans,  who  were  almost  lost  in  the 
vast  numeiical  superiority  of  the  rest  of  the  population, 
and  who  had  just  expectations  to  profit,  in  every  way, 
by  the  great  event  of  the  cession,  were  alone  to  feel  and 
t9  manifest  any  degree  of  exultation.    The  immediate 

*  History  of  Louisiana.    Spanish  Domination.    Redfield,  Publisher.  New 
York,  1854. 

1 


I; 


i : 


f 


n 


':    i'  i 
1*  • 


f  i: 
i  ■• 


EFFECTS   OF   THE  CESSION. 


[1804. 


effect  of  that  cession  was  to  vest  all  the  powers  of  the 
defunct  government  (a  sort  of  Gallic  and  Spanish  hybrid) 
in  Governor  Claiborne,  until  Congress  should  legislate 
on  the  organization  of  the  government  of  the  new  terri- 
tory.    Thus  this  officer,  as  he  informed  the  inhabitants 
in  a  set  proclamation,  had  suddenly  become  the  Governor- 
General  and  the  Intendant  of  Louisiana,  uniting  in  his 
person  all  the  authority  severally  possessed  by  those  two 
functionaries  under  the  despotic  government  of  Spain. 
Well  might  he  be  astonished  at  the  strange  position  in 
which  he  was  placed ;  for  he,  a  republican  magistrate, 
/found  himself  transformed  into  an  absolute  proconsul,  in 
whom  centered  all  the  executive,  judicial  and  legislative 
authority  lately  exercised,  in  their  respective  capacity, 
by  the  superseded  Spanish  dignitaries.     Moreover,  he 
was  to  wield  those  extraordinary  powers  in  maintaining 
and  enforcing  the  laws  and  municipal  regulations  of 
Spain,  which  were  to  remain  in  vigor  untit  modified  by 
the  Government  of  the  United  States,  and  of  which  he 
was  entirely  ignorant.    Not  only  were  they  unknown  to 
him,  but  they  were  written  in  a  language  with  which  he 
was  not  acquainted,  and  they  were  thoroughly  impregna- 
ted with  a  spii'it  completely  foreign  to  his  inclinations — 
to  the  atmosphere  in  which  he  was  bom  and  had  grown 
up  to  manhood — and  to  the  veiy  moral  and  political 
training  of  his  mind.    Besides,  he  was  to  construe  and 
to  execute  those  laws  in  their  application  or  adjustment 
to  the  wants  of  a  population  of  which  he  knew  nothing. 
These  were  circumstances  which  could  not  but  startle  him 
by  their  novelty,  and  by  the  danger  with  which  they  were 
fraught.    Surely  it  is  not  to  be  wondered  at,  if  the  colo- 
nists looked  at  their  new  ruler  with  a  jealous  eye,  and  if 
they   awaited  with  nervous  apprehension  the  course 
which  he  was  to  pursue.    He  himself  must  have  felt 
that  his  situation  was  such  as  to  require  that  he  should 


? 


»•' 


1804.] 


FEELINGS   OP  THE   INHABITANTS. 


3 


tax  to  the  upmost  all  the  knowledge,  talent,  sagacity, 
prudence  and  firmness  which  he  might  possess,  and  that 
no  time  was  to  be  lost  in  his  giving  a  decided  manifesta- 
tion of  his  being  gifted  with  these  qualifications. 

His  first  measure  was  to  organize  the  judiciary,  and 
he  established,  on  the  30th  of  December,  1803,  a  Court 
of  Pleas,  composed  of  seven  justices.  Their  civil  juris- 
diction was  limited  to  cases  not  exceeding  in  value  three 
thousand  dollars,  with  the  right  of  appeal  to  the  Govern- 
or, when  the  amount  in  litigation  rose  above  five  hun- 
dred dollars.  That  tribunal  was  also  vested  with  juris- 
diction over  all  criminal  cases  in  which  the  punishment 
did  not  exceed  two  hundred  doU^^  and  sixty  days'  im- 
prisonment. Each  of  those  seven  justices  was  clothed, 
individually,  with  summary  jurisdiction  over  all  debts 
under  one  hundred  dollars,  reserving  to  the  parties  an 
appeal  to  the  Court  of  Pleas,  that  is,  to  the  seven  jus- 
tices, sitting  together  in  one  court.  , 

In  confirmation  of  what  I  have  written  on  the  discon- 
tent existing  among  those  whose  allegiance  was  now  to 
be  claimed  by  the  United  States,  I  quote  Judge  Martin's 
views  on  the  same  subject,  as  expressed  in  his  History 
of  Louisiana.  "  The  people  of  Louisiana,  especially  in 
New  Orleans,"  says  this  learned  jurist,  who  came  to  the 
territory  shortly  after  the  cession,  "  were  greatly  dissat- 
isfied at  the  new  order  of  things.  They  complained  that 
the  person  whom  Congress  had  sent  to  preside  over  them 
was  an  utter  stranger  to  their  laws,  manners  and  lan- 
guage ;  and  had  no  personal  interest  in  the  prosperity  of 
the  country — ^that  he  was  incessantly  surrounded  by  new- 
comers from  the  United  States,  to  whom  he  gave  a  deci- 
ded preference  over  the  Creoles  and  European  French  in 
the  distribution  of  offices — ^that  in  the  new  Court  of 
Pleas,  most  of  the  judges  of  which  were  ignorant  of  the 
laws  and  language  of  the  country,  proceedings  were  car- 


— »j>--^ijj  ,„^<»>imm 


r 


i» 


ij- 


I;* 


P 


ORGANIZATION   OF  THE   TEBEITORY. 


[1804. 


ried  on  in  the  English  language,  which  Claiborne  had 
lately  attempted  to  introduce  in  the  proceedings  of  the 
municipal  body,  and  that  the  suitors  were  in  an  equally 
disadvantageous  situation  in  the  Court  of  the  Last  Be* 
sort,  in  which  he  sat  as  sole  judge,  not  attended,  as  the 
Spanish  Governors  were,  by  a  legal  adviser.  That  the 
en'ors  in  which  he  could  not  but  help  falling*  were 
without  redress.  They  urged  that,  under  the  former 
government,  an  appeal  lay  from  the  Governor's  decision 
to  the  Captain-General  of  Cuba,  from  thence  to  the 
Royal  Audience  in  that  island,  and  in  many  cases  from 
thence  to  the  Council  of  the  Indies  at  Madrid."  Thus 
Claiborne  was  at  the  same  time  the  Governor,  the  intend- 
ant  and  the  supreme  judge  of  Louisiana.  There  could 
not  be  under  the  sun  a  more  perfect  despotism. 

It  is  true  that  this  state  of  things  did  not  last  beyond 
the  time  which  was  strictly  necessary  for  Congress  to 
modify  it.  On  the  26th  of  March,  I8O47  an  act  was 
passed  to  organize  the  newly  acquired  province,  and  to 
divide  it  into  two  parts :  the  one  called  "  Territory  of 
Orleans,"  and  the  other  "District  of  Louisiana,"  and 
their  executive,  judicial  and  legislative  organization  was 
provided  for.f  But  that  act  was  so  framed  that  it 
proved  to  be  a  fresh  source  of  discontent,  instead  of  a 
healing  ointment  on  festering  wounds.  The  severing 
of  Louisiana  into  two  distinct  fragments  turned  out  to 
be  a  ver}^  unpopular  measure,  and  was  keenly  resented 
by  the  old  population.  It  had  always  been  a  unit  in  the 
hands  of  France  and  Spain.  Now  that  it  was  relieved 
from  the  burden  of  its  colonial  vassalage,  and  was  prom- 
ised the  speedy  possession  of  sovereignty,  it  should  not 
have  been  afflicted,  in  the  opinion  of  the  Louisianians,  with 

*  Considering  that  he  was  administering  Spanish  laws,  which  he  hardly 
comprehended, 
f  See  the  Appendix. 


Hi 

f ' 


04.] 


FOWEBS   OF  OOYEANOB  CLAIBOBNE. 


fcliia  odious  partition,  which  was  evidently  destined,  they 
thought,  to  diminish  their  importance,  and  to  retard  the 
advent  of  that  sovereignty  which  had  become  the  object 
of  their  desires.  Theymaintai  I  that  Congress  had  no 
right  to  curtail  Louisiana  of  the  magnificent  proportions 
which  it  possessed  when  ceded,  and  that  it  was  with 
those  proportions,  and  not  in  a  state  of  mutilation,  that 
it  was  to  be  received  into  the  Confederacy,  as  soon  as 
pdssihle,  according  to  the  very  teims  of  the  treaty  of 
cession. 

The  Louisianians,  who  had  objected  to  the  immense 
power  possessed  by  Claiborne  as  Governor,  intendant 
and  judge  in  the  last  resort,  did  not  think  that  a  sufia- 
cient  guarantee  had  been  given  to  them  by  the  slight 
change  made  in  the  recent  act  of  Congress  for  the  organi- 
zation of  the  Territory.  Thus,  by  that  act,  the  Supreme 
Court  had  been  made  to  consist  of  three  judges,  it  is 
true,  but  one  of  them  was  sufficient  to  constitute  the 
court ;  so  that,  according  to  cii'cumstances,  the  change 
might  amount  only  to  this :  that  one  man,  called  "  Judge," 
could  dispossess  them  of  their  property,  tarnish  their 
honor,  and  hang  them  &b  will,  instead  of  the  man  for- 
merly called  "  Governor." 

There  was  another  feature  in  that  act  which  was  ex- 
ceedingly unpalatable.  It  was  the  prohibition  to  import  i 
slaves,  except  by  those  American  citizens  who  should  I 
come  to  settle  in  good  faith  in  the  Territory,  with  such 
slaves  as  they  owned  in  their  former  domicile.  This  was 
looked  upon  as  a  blow  purposely  aimed  at  the  old  inhabi- 
tants, who,  by  such  legislation,  were  deprived  of  the 
means  of  increasing  that  manual  labor  which  was  so 
much  needed  for  the  development  of  their  resources.  It 
may  not  be  amiss  to  state  that  a  Convention  "  for  pro- 
moting the  abolition  of  slavery  and  improving  the  con- 
dition of  the  African  race,"  had  assembled  at  Philadel- 


I: 


If- 


i  !' 


tllh 
» .  'I 


» 


•• 


ACT  OF   0ONGKE8S   ABOUT   8LAVEEY. 


[1804. 


phia  on  the  13th  of  January,  and  had  called,  through 
"resolutions,"  submitted  to  Congress  on  the  26th  of 
that  month,  the  attention  of  that  body  "  to  the  utility 
and  propriety  of  passing  such  laws  as  should  prohibit 
the  importation  of  slaves  into  the  Territory  of  Orleans." 
They  appealed  to  the  solemn  declaration  made  by  the 
United  States,  that  "  all  men  were  born  free  and  equal," 
and  hence  they  argued,  "that  our  Government  could 
not  authorize  man  to  enslave  unoffending  man."  Such 
was  their  language.  They  also  urged  other  magnilo- 
quent considerations  which  have  become  familiar  to  the 
American  mind,  from  the  persevering  zeal  with  which 
they  have  ever  since  been  pressed  into  the  service  of 
ambitious  demagogues,  or  of  praiseworthy  patriots  and 
philanthropists,  according  to  the  different  views  taken 
of  the  subject  by  their  respective  friends  and  supporters. 
Be  it.  as  it  may,  on  this  occasion,  the  importation  of 
slaves  was  partially  prohibited  in  conformity  with  the 
wishes  of  the  petitioners  against  slavery.  The  Louisian- 
ians  were  greatly  mortified.  They  thought  that  it  was 
an  encouragement  to  farther  interference,  and  some  pre- 
dicted that  it  was  but  an  entering-wedge. 

There  was  also  in  that  act  a  provision  which  excited 
the  ire  of  the  former  colonists.  It  was  one  which  de- 
clared that  certain  concessions  of  lands  made  by  the 
Spanish  Government  were  "  null  and  void."  This  was 
considered  as  a  demonstration  of  hostility,  and  as  a 
threatening  indication  that  something  else  would  soon 
be  forthcoming  in  violation  of  what  the  Louisianians 
believed  to  be  thair  rights  and  privileges.  Afl.  intense 
anxiety  was  produced  by  the  authority  granted  to. the 
President  of  the  United  States  to  appoint  "  Kegisters 
and  Kecorders  of  Land  Titles,"  who  were  to  receive  and 
to  record  all  titles  acquired  under  the  Spanish  and 
French  Governments,  and  also  commissioned  to  take 


if  '-:, 

Mhi- 


1804.] 


l.vussat's  dispatch. 


cognizance  of  all  claims  to  land,  and  to  decide  on  them 
in  a  summary  way,  and  with  such  proceedings  as  they 
might  deem  best  to  adopt — which  proceedings  and  decis- 
ions were  to  be  reported  to  the  Secretary  of  the  Treas- 
ury, and  laid  before  Congress  for  their  final  judgment. 
The  people  thought  that  this  was  a  complicated  machin- 
ery to  dispossess  them  of  all  their  broad  and  fertile 
acres.  They  trembled  at  the  consequences  which  they 
foresaw — such  as  arbitrary  spoliations,  or  ruinous  litiga- 
tion, with  an  endless  train  of  troubles  and  vexations 
which  were  dolefully  predicted  to  them  by  those  who 
pretended  to  read  the  dark  pages  of  futurity. 

Such  was  the  state  of  feelings  which  prevailed  among 
the  former  subjects  of  Spain  and  France,  when  the  Colo- 
nial Prefect 'Laussat,  who  had  been  the  agent  of  France 
in  delivering  the  territory  to  the  United  States,  and  who 
had  remained  in  it  several  months  after  the  cession,  de- 
parted for  the  island  of  Martinique,  not  without  having 
addressed  to  his  Government  some  interesting  observa- 
tions, which  show  that  he  sagaciously  appreciated,  to  a 
certain  extent  at  least,  some  of  the  results  which  were  to 
follow  from  the  cession,  at  no  distant  time.  "  The  Ameri- 
cans," he  said,  "  have  given  fifteen  millions  of  dollars  for 
Louisiana ;  they  would  have  given  fifty,  rather  than  not 
possess  it.  They  will  receive  one  million  of  dollars  for 
duties  at  the  custom-house  in  New  Orleans  during  the 
present  year, — a  sum  exceeding  the  interest  of  the  money 
they  have  paid  for  the  acquisition,  without  taking  into 
consideration  the  value  of  the  very  great  quantity  of  va- 
cant lands.  As  to  the  twelve  years  during  wtich  our 
vessels  are  to  be  received  on  the  footing  of  national  ones, 
they  present  but  an  illusive  prospect,  considering  the 
war,*  and  the  impossibility  of  our  being  able  to  enter  into 
competition  with  their  merchantmen.    Besides,  all  will 


^-■■ 


*  The  war  of  France  with  England. 


•  mwwit^ 


8 


HIS   VIEWS   AND   PREDICTIONS. 


[1804. 


I  'f 


hi 


in  a  sliort  time  turn  to  the  advantage  of  English  manu- 
factures, on  account  of  the  great  facility  which  this  place 
will  exclusively  enjoy,  from  its  situation,  to  supply  the 
Spaiiisli  colonies  as  far  as  the  Equator.  In  a  few  years, 
the  country,  as  far  as  Rio  Bravo,  will  be  in  a  state  of  cul- 
tivation. New  Orleans  will  then  have  a  population  of 
about  thirty  to  fifty  thousand  souls ;  and  the  new  ter- 
ritory will  produce  sugar  enough  for  the  supply  of  Noi-th 
America  and  part  of  Europe.  Let  us  not  blind  ourselves ; 
in  a  few  years  the  existing  prejudices  will  be  worn  off; 
the  inhabitants  will  gradually  become  Americans  by  the 
introduction  of  native  Americans  and  Englishmen — a 
system  already  begun.  Many  of  the  present  inhabitants 
will  leave  the  country  in  disgust ;  those  who  have  large 
fortunes  will  retire  to  the  mother-country ;  a  great  pro- 
portion will  remove  into  the  Spanish  settlements,  and  the 
remaining  few  wiU  be  lost  among  the- new-comers. 
Should  no  fortunate  amelioration  of  political  events  inter* 
vene,  what  a  magnificent  New  France  have  we  lost  1  The 
Creoles  and  French  established  here  unite  in  favor  of 
France,  and  cannot  be  persuaded  that  the  convention  for 
the  cession  of  Louisiana  is  anything  but  a  political  trick ; 
they  think  that  it  will  return  under  the  dominion  of 
France."*  It  is  important  to  remark,  for  the  better 
unrlerstanding  of  the  history  of  Louisiana,  in  its  future 
developments,  that  the  representative  of  France  seemed 
to  admit  the  possibility  of  what  he  mysteriously  and 
quaintly  called  "  the  intervention  of  a  fortui^ate  amelio- 
ration of  political  events,"  by  which  the  territory  which 
his  country  had  reluctantly  relinquished  might  be  recov- 
ered, and  that  the  Creoles  and  the  European  French  re- 
maining in  that  territory  thought  that  the  cession  was 
a  "  political  trick,"  and  that  they  would  return  "  under 
the  dominion  of  France." 

*  Martin's  Histoiy  of  Lonisiaiut,  2d  vnl .  n.  3M. 


'^\il 


1804.] 


LAUSSAT'S   DISPATCH. 


Before  his  departure,  Laiissat  caused  to  be  distributed 
among  such  of  the  inhabitants  of  Louisiana  as  had  shown 
themselves  most  zealous  in  favor  of  the  French  Grovem- 
ment,  as  a  feeble  testimonial  of  the  satisfaction  and  good- 
will of  that  Government,  seven  hundred  and  sixty-five 
pounds  of  powder,  which,  "  being  French,"  he  said,"  was 
much  appreciated  by  the  inhabitants,  who  are  ardent 
sportsmen."* 

In  another  dispatch,  he  gives  the  most  graphic  descrip- 
tion of  the  condition  in  which  he  leaves  the  ceded  prov- 
ince, and  comments  harshly  on  the  organization  of  the 
territorial  go\»emment,  which  was  to  go  into  operation  on 
the  Ist  of  October,  in  compliance  with  the  act  of  Con- 
gress passed  on  the  26th  of  Maich.  He  a^io  reflects  in 
no  measured  terms  on  the  blunders  which  he  attributes 
to  the  agents  of  the  new  proprietors  of  Louisiana,  in  taking 
possession  of  their  magnificent  acquisition. 

"The  Louisianians,"  he  writes,  "have  seen  themselves, 
with  much  regret,  rejected  for  the  second  time  from  the 
bosom  of  their  mother-country.  At  first,  cJn  their  being 
made  aware  of  that  event,  their  interpretations  of  the 
cession  and  their  comments  on  it  showed  but  too  clearly 
the  extreme  bitterness  of  their  discontent.  In  this  dis- 
position they  were  secretly  encouraged  by  the  Spaniards, 

who,  besides,  were  marvelously  a'ssisted  by.  the 

natural  antipathy  which  the  Louisianians  entertain  for  the 
Americans. 

"Nevertheless,  on  the  approach  of  the  change  of  domi- 
nation, partly  from  the  love  of  novelty,  pai-tly  from  the 
hope  of  those  advantages  which  were  depicted  to  them, 
and  perhaps  also  from  a  forced  resignation  io  a  fate  which 
they  could  not  avoid,  they  had  become  tolerably  well 
disposed  toward  passing  under  the  Government  of  the 
United  States. 

*  duuneiirs  paasionn^B. .  See  the  Appendix.  , 


I:i 


to 


AFFBAY8   AND  TUMUI4T8, 


[1804. 


■'I 


\  ( 

i  f 


a  .>» 


;  !i 


!       "1    i. 


"  But  hardly  had  the  agents  of  that  Government  taken 
the  reins  in  hand,  when  they  accumulated  errors  on  er- 
rors, and  blunders  on  blunders.  I  will  refrain  from 
enumerating  them  in  detail  to  Your  Excellency,  Citizen 
Minister,  but  I  will  only,  in  a  few  words,  mention  the 
loading  characteristics  of  their  administration,  such  as  the 
sudden  introduction  of  the  English  language,  which 
hardly  anybody  understands,  into  the  daily  exercise  of 
public  authority,  and  in  the  most  important  acts  of 
private  ILe — the  affirays  and  tumults  resulting  from  the 
struggle  for  pre-eminence,  and  the  preference  shown 
for  American  over  French  dances  at  public  balls — 
the  invasion  of  bayonets  into  the  halls  of  amusement  and 
the  closing  of  the  balls — the  active  participation  of  the 
American  General  and  of  the  Governor  in  those  quarrels — 
the  inconsiderate  proceedings  which  ensued — the  revolt- 
ing  pai'tiality  exhibited  in  favor  of  native  Americans  or  of 
Englishmen,  both  in  the  audiences  granted  by  the  author, 
ities  and  in  the  judgments  rendered — the  marked  sub- 
stitution of  American  to  Creole  majorities  in  all  adminis- 
trative and  judicial  bodies — the  arbitrary  mixture  of  old 
usages  ivith  new  ones,  under  the  pretext  of  a  change  of 
domination — the  intemperate  speeches — the  injurious 
precautions — the  bad  advisers* — ^the  scandalous  orgies 
— ^the  savage  mannera  and  habits — ^the  wretched  appoint- 
ments to  office-  -what  more  shall  I  say,  Citizen  Minister  ? 
It  was  hardly  possible  that  the  Government  of  the  United 
States  should  have  a  worse  beginning,  and  that  it  should 
have  sent  two  menf  more  deiicient  in  the  proper  requi- 
sites to  conciliate  the  -hearts  of  the  Louisianians.  The 
first,  with  estimable  qualities  as  a  private  man,  has  little 
intellect,];  a  good  deal  of  awkwardness,  and  is  extremely 
beneath  the  position  in  which  he  has  heea  placed.   The 


*  Mauvais  entourage.         f  Governor  Claiborne  and  General  Wilkinson, 
f  Peu  de  moyeuB  et.beaucoup  de  gaui^a^e. 


[1804. 


UNPOPULABITY   OF  THE  OESSIOX. 


Ill 


second,  who  has  been  long  known  •  here  in  tlie  most 
unfavorable  manner,  is  a  rattle-headed  fellow,  fiill  of 
odd  fantasies.f  He  is  frequently  drunk,  and  has  com- 
mitted a  hundred  inconsistent  and  impertinent  acts. 
Neither  the  one  nor  the  other  understands  one  word  of 
French,  or  Spanish.  They  have,  on  all  occasions,  and. 
without  the  slightest  circumspection,  shocked  the  habits, 
the  prejudices  and  the  natural  dispositions  of  the  inhab- 
itants of  this  country.  The  gazettes  of  Philadelphia 
have  lately  published,  I  do  not  know  by  what  mistake,  a 
confidential  dispatch  of  Governor  Claiborne  to  President 
Jefferson,  in  which  he  speaks  of  the  Louisianians  as  of 
ignorant  but  kindly  disposed  beings,  in  the  treatment  of 
whom  everything  could  be  dared  with  impunity,  and 
who,  unable  to  appreciate  the  value  of  the  Aiaerican 
institutions,  are  not  susceptible  of  self-government.        j 

"As  if  it  were  to  driv^j  them  into  extremities,  copies  of 
the  late  act  of  Congress  to  organize  the  Territory  have 
recently  been  brought  to  their  perusal.  ......  Your 

Excellency  might  hear  on  all  sides  the  i-i,terance  of  such 
sentiments  as  these :  *  Is  it  in  this  way  that  we  are 
secured  the  benefits  that  were  to  result  to  us  from  the 
cession  of  Louisiana  by  Franee?  Are  these  the  liberties 
of  which  she  seemed  to  have  guarantied  tc  us  the  pres- 
ervation by  an  express  clause  of  the  treaty  ?  Is  it  thus 
that  she  calls  us  to  the  enjoyment  of  the  rights,  advan- 
tages and  immunities  of  citizens  of  the  United  States  V  " 

Laussat  further  speaks  of  the  excitement  as  being  so 
intense,  that,  at  night,  placards,  in  which  insurrection 
was  openly  preached,  were  put  up  at  all  the  corners  of  the 
streets.  Crowds  gathered  round  and  copied  them,  pre*? 
venting  also  their  being  torn  away.  Even  public  officers 
who  attempts  it  wwe  driven  off.    In  the  country,  par-^f 


imm 


r-"* 


1*  Connu  id  de  longae  main  socui  d^  vjlaiii^  rapports, 
f  Un  brise  ralson  &  boutadeo.    ''   ^'  'W7T 


'  !1 


,;ii 


";i. 


H,    l- 


i* 


:.;:'tf 


if  f 


,;   h 

,    if'  !l 

■  I'li- ;  ■ 

f r  «  I  '   It 

■;,  m' 

in.  I! 


ill;: 

li  *  • ; 


.hfli 


12 


LAUS6AT8  DISPATOII, 


1804.] 


ticularly  in  the  districts  of  the  Attakapas  and  of  the 
Opelousas,  which  were  the  most  populous,  and  which, 
says  Laussat,  "  had  always  distinguished  themselres  by 
their  ardent  love  for  France,"  the  dispositions  which 
were  manifested  were  not  more  favorable.  "  I  contented 
myself,"  continues  Laussat,  "  with  observing  everything 
in  silence,  or  if  I  was  provoked  into  breaking  it  at  all,  I 
did  80  by  speaking  in  favor  of  the  treaty  of  cession,  and 
by  representing  that  henceforth  it  would  be  impossible 
to  do  away  with  such  an  act.  It  is  what  the  Louisian- 
ians  absolutely  refuse  to  be  convinced  of.  They  com- 
placently feed  on  the  idea  that  the  First  Consul  has 
merely  yielded  to  temporary  circumstances,  but  that 
when  peace  shall  come,  and  when  he  shall  have  humbled 
the  insolence  of  Great  Britain,  he  will  recede  from  the 
treaty  of  cession.  They  arrange  this  political  question 
in  their  own  way,  and  they  firmly  adheie  to  what  they 
have  thus  settled  in  their  own  minds.  They  make  no 
concealment  of  it ;  they  have  expressed  on  the  subject 
their  sentiments  to  me,  and  also  to  the  Governor,  and  to 
the  American  General 

"  With  regard  to  myself.  Citizen  Minister,  I  am  very 
far  from  having  such  a  belief.  It  is  a  dream,  which  I  do 
not  rank  among  the  things  which  are  possible.  I  think^ 
on  the  contrary,  that  Louisiana  being  once  emancipated 
from  her  colonial  fetters,  it  would  be  unnatural  to  expect 
that  she  should  ever  willingly  resume  them  and  give  up 
her  new  position." 

He  then  asserts  that  the  animosity  which  prevailed  at 
the  time  against  the  Government  of  the  United  States 
would  soon  die  away,  unless  unskillfully  kept  alive  by 
the  faults  of  the  Administration.  "  These  people,"  he 
added,  "are  natiu-ally  gentle  and  docile,  although 
touchy,  proud  and  brave.  Besides^  they  are  few  in 
number,  and  scattered  about,  without  experience,  and 


1804.] 


LAU88AT8   DISPATCH. 


t$ 


without  any  rally ing-point.  The  Spanish  Government 
made  it  its  policy,  to  keep  them  entirely  disconnected 
with  public  aifairs,  which  it  has  accustomed  them  to 
consider  with  indifference,  and  even  with  a  sort  of  abne* 
gation.  The.  Louisianians  will  not  for  a  long  time  re- 
cover fcom  such  a  traiidng,  and  in  the  mean  while  they 
will  gradually  make  up  their  minds  to  their  change  of 
circumstances,  because,  although  their  new  chiefs  should 
go  astray  and  commit  blunders,  yet  there  are  advan- 
tages inherent  to  the  Constitution  and  to  the  situation 
of  the  United  States,  of  which  it  is  impossible  to  pre- 
vent these  people  from  experiencing  the  salutary  in- 
fluence. 

"  But,  on  the  other  side,  if  this  country  is  entirely 
abandoned  to  the  impulsion  which  will  be  given  to  it,  I 
consider  it  from  this  time  as  no  longer  existing  for 
France.  The  Americans  in  general  detest  us.  Those 
amongst  them  who  have  the  least  of  English  nature  in 
them,  are  more  English  than  French,  notwithstanding 
their  hypocritical  and  pompous  protestations.  There  is 
not  a  day  on  which  they  have  not  proved  it  to  me  here. 
Add  to  t^is  disposition  on  their  part  the  temptations 
offered  them  by  the  resources  of  English  commerce. 
There  is  no  doubt  that  Louisiana  is  a  vast  field  which 

England  will  work  to  its  own  profit This 

probable  turn  of  affairs  might  be  counteracted  by  the 
innate  attachment  and  the  natural  sympathy  of  the 
Louisianians  for  France,  but  one  of  the  most  prompt 
effects  of  the  change  of  domination  will  be  a  complete 
revolution  in  the  elements  composing  the  population  of 
this  country.  In  less  than  ten  years  the  greater  portion 
of  what  is  now  considered  as  private  property  will  have 
changed  hands.  Cause  will  be  given  to  the  old  colonists 
to  be  disgusted  with  their  new  condition ;  they  will  be 
set  iiside,  expropriated  and  expelled.    The  Government 


4J 


•■!! 


I    I'' 


I"  -I  I 


r'.. 


:.i 


i'.l(M 


•  !i 

H 

» t  • 


■|i«!i! 


I  .. 


i(l 


4 1. 


'ill  1? 

,,,|N!1 


14 


8i:CE.S!SloN    OF   TIIH    WEtiTEUN    STATES. 


[1804. 


of  the  IFiiited  Stutes  in  not  blintl  to  the  fact  that  Lower 
I/>uiHiana  is  the  \niy  which  Huswera  for  tlio  security  of 
thcfir  iinoHt  and  most  extensive  pos.^esHions.  They  will 
have  no  rest  until  they  Hhall  have  succeeded,  either  by 
open  force,  or  by  secret  and  hkillful  contrivances,  in  put- 
ting that  key  in  the  hands  of  full-hearted  and  full- 
blooded  Americans. 

"  If  our  Government  should  ever  look  back  to  this 
country,  it  shouhl  be,  in  ray  opinion,  only  with  a  view 
of  entirely  detaching  the  Western  States  from  the  rest 
of  the  Confederacy.  Such  a  scheme,  far  from  lieing  ex- 
travagant, would  have,  on  the  contrary,  innumerable 
chances  of  success.  Time  alone  will  one  day  bring  on 
this  scission.  But  what  is  important  for  the  French  Re- 
public is,  that  this  scission  be  operated  under  the  pro* 
tection  of  France,  and  whilst  generations  of  Frenchmen 
and  French  spirit  retain  their  ascendency  in  these  regions. 
The  consequences  of  such  a  revolution jyould  then  turn 
infinitely  to  the  advantage  of  our  nation,  and  Louisiana, 
in  such  a  state  of  political  independence  and  filial  alli- 
ance, would  be  to  France  of  a  far  more  inestimable  value 
than  the  most  important  colonies." 

To  those  who  may  become  familiar  with  what  1  have 
related  in  my  work  on  the  "Spanish  Domination  in 
Louisiana,"  and  in  the  preceding  pages,  and  with  what  I 
shall  recite  in  the  sequel  of  this  history,  the  famous  Buit 
conspiracy,  which  was  to  convulse  the  public  mind  two 
years  after,  and  which  has  remained  to  this  day  a 
mooted  mystery,  may  not  appear  an  altogether  baseless 
fabric.  General  Wilkinson,  who  was  destined  to  act  in 
it  a  conspicuous  part,  and  who  had  been  commissioned, 
jointly  with  Claiborne,  to  take  possession  of  Louisiana, 
departed  a  short  time  after  Laussat,  and  sailed  for  New 
York,  leaving  the  few  companies  of  the  United  States 
troops  which  he  hri  brought  with  him,  distributed  at 


1804.] 


THE   LOUTBIANA   BANK. 


15 


the  following  points :  Xow  Orleans,  Natchitocbea,  Poiuto 
Coupee  and  Fort  Adams. 

Nothing  if  raore  apt  to  produce  discontent  in  any 
community  than  the  want  of  a  circulating  medium ;  and 
where  discontent  exists  from  any  other  liources,  nothing 
is  more  powerful  in  contributing  to  bring  it  to  its  climax 
than  this  ver}'  cause.  So  it  was  in  Louisiana  at  that 
time.  The  distress  in  the  province  had  become  very 
great  IVom  the  scarcity  of  money.  The  flow  of  silver 
from  Vera  Cruz,  which  was  so  refreshing  under  the 
Spanish  Government,  had  ceased  with  the  change  of  do- 
minion, and  Spain  showed  no  prompt  disposition  to  re- 
deem a  large  quantity  of  paper  which  she  had  set  afloat 
in  the  late  colony  under  the  name  of  "  liberanzas,"  and 
which  had  fallen  into  considerable  depreciation.  It  be- 
came necessary  to  find  a  remedy  for  the  evil,  and  Clai- 
borne sought  it  in  the  establishment  of  a  bank  styled 
<'  The  Louisiana  Bank,"  with  a  capital  which  was  sus- 
ceptible of  extension  to  two  millions  of  dollara  Were 
the  people  pleased  ?  Not  in  the  least.  On  the  contrary, 
this  measure  excited  lively  apprehensions.  A  Bank! 
Such  an  institution  was  entirely  new  to  them.  Many 
thought  that  it  would  turn  out  to  be  nothing  else  but 
legalized  robbery.  Was  it  not  to  issue  paper  money,  and 
had  they  not  already  greatly  suffered  ftom  the  deprecia- 
tion of  French  and  Spanish  paper  ?  What  better  results 
could  be  expected  fr6m  American  paper  ?  They  believed 
it  to  be  the  renewal  of  what  the  *'  assignats"  had  been 
in  the  worst  times  of  the  French  Republic.  Hence  the 
general  impression  was,  that  the  country  would  be  ulti- 
mately ruined,  rather  than  benefited,  by  the  newly  de- 
Prised  plan  of  relief. 

The  militia,  which  was  quite  a  respectable  corps  under 
the  Spanish  Government — ^which  Laussat  had  partially, 
and  with  considerable  difficulty,  succeeded  in  keeping 


16 


CONDITION    OP  THK   MILITIA. 


[1804., 


:.r..ii 


,,  t 


■.  :,ll 


^.j.  *:•; 


■li' 


'I'H 


together — and  which  Claiborne  had  been  attempting  to 
retain  in  existence,  had  at  last  become  entirely  disorgan- 
ized. On  the  other  hand,  most  of  the  individuals  who 
were  flocking  from  all  parts  of  the  United  States,  had 
eagerly  formed  themselves  into  companies  of  various  de- 
nominations, under  the  cheerfully  granted  patronage  of 
Claiborne,  who  hoped  that  it  would  stimulate  some  of 
the  natives  to  enroll  themselves.  But  such  was  not  the 
case.  They  stood  apart,  and  looked  with  sullen  displeas- 
ure on  the  new  military  associations,  of  which  they 
were  keenly  jealous.  Resenting  the  conduct  of  the  late 
colonists,  the  Americans  showed  perhaps  a  want  of  policy 
in  parading,  more  than  was  necessary,  through  the  streets 
of  New  Orleans,  with  ostentatious  display,  and  with 
what  was  thought  to  be  an  expression  of  defiance.  The 
dissatisfaction  was  increased,  a  more  marked  estrange- 
ment from  the  new  order  of  things  ensued,  and  a  line  still 
more  distinct  was  drawn  between  the  two  populations. 

But  these  causes  of  discontent  paled  before  those 
which  arose  from  the  4th  section  of  the  act  providing 
for  the  temporary  government  of  the  Territory  of  Orleans. 
By  that  section  they  were  flatly  denied  any  participa- 
tion whatever  in  that  government,  as  the  members  of 
their  Legislative  Council  were  to  be  annually  selected  by 
the  President,  and  as  all  the  other  civil  and  military 
officers  were  to  be  appointed  either  by  the  President  or 
by  the  Governor,  who  were  authorized  to  choose  them, 
if  they  should  deem  it  advisable,  from  among  those  who 
had  resided  only  one  year  in  the  province,  and  who  were 
therefore  utter  strangers  to  the  old  population.*  Thus 
it  is  seen  that  Congress  was  then  very  far  fi'om  suspect- 
ing that  there  coul(J  exist  any  sovereignty  whatever  in 


•;  I  ■  : 


(•  f'fl 


^(11 


fjiijlf  'i 


*  As  to  the  Legislative  Council,  that  body  could  not  even  take  the  initiative 
in  legislation,  but  was  only  to  deliberate  on  such  subjects  as  might  bo  laid  be- 
fore them  by  Claiborne, 


1804.] 


PUBLIC   MEETINGS. 


17 


territories,  not  even  that  squatter  sovereignty  which  has 
since  become  so  famous  in  the  vocabulary  of  politicians. 
At  last,  the  dissatisfaction  rose  to  such  a  pitch  that  it 
manifested  itself  in  open  and  public  acts.  In  the  name 
of  some  of  the  most  influential  merchants  of  the  city  and 
of  the  wealthiest  and  most  respected  planters  in  its 
neighborhood,  a  public  meeting  was  called  for  the  Isfc 
of  June,  in  which  it  was  unanimously  determined  to 
apply  to  Congress  for  the  repeal  of  so  much  of  their  late 
act  as  related  to  the  partition  of  Louisiana  and  the  re- 
striction on  the  importation  of  slaves.  It  was  further 
resolved  to  ask  for  the  immediate  admission  of  Louisiana, 
in  its  original  entirety,  into  the  Union,  in  accordance  with 
what  was  deemed  the  obvious  intention  of  the  treaty  of 
cession.  A  committee  was  appointed  to  prepare  and 
submit  to  the  next  public  meeting  the  draft  of  a  memo- 
rial to  Congress.  That  committee  was  composed  of  Jones , 
and  Livingston,  Atnericans,  Pitot,  a  Frenchman,  and/ 
Petit,  a  Creole.  The  second  meeting,  which  was  held  in 
the  beginning  of  July,  was  much  more  numerous  than 
the  first,  and  an  enthusiastic  approval  was  given  to  the 
report  of  the  committee.  Twelve  individuals  were  cho- 
sen to  circulate  copies  of  it  in  the  parishes  and  to  pro- 
cure the  signatures  of  the 'most  notable  inhabitants, 
without  forgetting,  at  the  same  time,  to  collect  voluntary 
contributions  for  paying  the  expenses  of  the  deputies 
who  were  to  be  sent  to  Washington  City  with  their  list 
of  grievances  and  their  memorial  for  redress.  The  last 
and  third  meeting  took  place  on  the  18th  of  July.  A 
deputation  of  three  was  resolved  upon,  and  its  members 
were:  Derbigny  and  Sauv6,  European  French,  and  Des- 
tr^han,  a  native  of  Louisiana.  It  is  evident  that,  in  this 
choice,  the  Louisianians  were  guided  more  by  their 
sense  of  outraged  dignity  and  violated  rights,  than  by 
prudential  considerations  of  |K>lioy.  Violent  prejudices 
9 


mi 


% 


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f' 


■J-B, 


mm 


■"«;'. 


'■jm. 


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m. 


iii> ' 


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...... 

■■'if'iii; 

><\ .  .  I, 


»^. 


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m. 

mm 

^    -.1:     -'u 


: 


iM' 


i.',    til 

iri  ■.'■ 
i, '  .  M 


18 


INSUBBECnON  ABOVE  HANGHAO. 


[1804. 


were  to  be  reinoved ;  and  in  order  to  obtain  this  object, 
three  deputies,  with  French  habits,  French  minds  and  a 
French  tongue,  could  not  be  called  a  judicious  selection^ 
In  the  mean  time,  if  the  inhabitants  below  Manchac, 
and  on  the  right  bank  of  the  Mississippi,  were  adverse 
to  the  change  which  had  taken  place  in  their  destinies  by 
the  transfer  of  their  allegiance  from  the  French  flag  to 
the  flag  of  the  United  States,  the  population  of  that  dis- 
trict included  in  the  present  parishes  of  "West  and  East 
Feliciana  and  of  East  Baton  Kouge,  being  of  English 
descent,  and  composed  of  settlers  who  had  originally 
come  from  the  old  Thirteen  States,  were  extremely 
anxious  for  annexation  to  the  kindred  race  from  which 
they  had  been  severed,  as  Spain  still  retained  possession 
of  the  territory  in  which  they  lived,  and  refased  to  ac- 
knowledge that  it  was  comprehended  within  the  cession. 
They  were  incensed  at  the  omission,  on  the  part  of  the 
commissioners  of  the  United  States,  to  claim  them  as 
an  integral  portion  of  the  recent  acquisition,  and  at  their 
abstaining  to  enforce  that  claim  by  physical  means  if 
necessary.  In  the  hope  of  giving  a  pretext  for  an  inter- 
vention in  theii*  behalf,  or  under  the  belief  that  they 
could  achieve  for  themselves  the  liberation  which  they 
desired,  they  raised  the  standard  of  revolt  against  the 
Spanish  authorities ;  they  assembled  to  the  number  of 
about  two  hundred  men,  and  resolved  to  attack  the 
Spanish  fort  at  Baton  Kouge.  But  it  was  an  ill-con- 
certed scheme;  some  disagreement  took  place  among 
the  leaders,  who  had  to  give  up  the  enterprise,  and 
who  took  refuge  across  the  line  in  the  Mississippi  ter- 
ritory. Such  of  their  followers  as  relied  for  protection 
on  their  obscurity,  or  insigniflcancy,  returned  peacefully 
to  their  respective  homes.* 

*  The  represeion  of  this  inBorrectioo  cost  the  Sftanish  Government  a  pretty 
eonsldenble  outlay.    As  soon  as  the  news  reached  Pensaoola,  Oovemor  Folcli 


f|f[t'   ti^ 


1804.] 


EEMPEB   AND   HIS   FOLLOWERS. 


1# 


This  insurrection  had  been  preceded  by  one  which  had 
been  headed  by  Kemper,  one  of  the  most  redoubtable 
enemies  of  the  Spaniards.  To  compel  the  release  of  some 
of  his  friends  imprisoned  by  the  Grovernment  which  he 
hated,  he  had  seized  the  persons  of  Don  Vincente  Pintado,  v 
a  militia  captain,  and  of  the  Alcalde  Juan  Ocono,  and  was 
threatening  to  attack  the  fort  at  Baton  Rouge.  Order  was 
restored  without  bloodshed  by  the  prudence  and  firmness 
of  the  ex-governor  of  Louisiana,  Marquis  of  Casa  Calvo,  who 
was  still  lingering  in  the  territory,  and  who  sent  troops 
and  an  armed  vessel  to  the  seat  of  these  disturbances.* 

On  the  Xst  of  October,  the  territorial  government 
which  had  been  decreed  by  the  act  of  Congress  of  the 
26th  of  March,  went  into  operation,  with  Olairbome  as 
Governor,  and  Brown  as  Secretary. 

Bor6,  Bellechasse,  Cantrelle,  Clark,  De  Buys,  Dow, 
Jones,  Kenner,  Morgan,  Poydras,  Roman,  Watkins  and 
Wikoff  had  been  appointed  metnbers  of  the  Legislative 
Council  by  the  President. 

Duponceau,  a  Frenchman,  who  subsequently  obtained 
great  celebrity  in  Philadelphia  as  a  jurist,  Kirby,  and 
Prevost,  a  stepson,  I  believe,  of  Vice-President  Aaron 
Burr,  were  appointed  Judges  of  the  Superior  Court.  D. 
Hall,  an  Englishman  by  birth,  was  commissioned  District 
Judge  of  the  United  States,  with  Mahlon  Dickens  as 
District  Attorney,  and  Lebreton  D'Orgenoy  as  Marshal 
Duponceau  declined,  Kirby  died,  and  Prevost  opened  the 
first  territorial  court,  alone,  on  the  9th  of  November. 


departed  at  the  head  of  160  men,  of  infantry  and  cavalry,  and.  soon  reached 
Bayou  Manchae  through  the  lakes.  But  he  found  that  tranqniuity  had  been 
restored  by  the  effi>rts  of  Governor  Qrandpr^.  (See  the  dispatch  of  Intendant 
Morales  to  Miguel  Cayetano  Soler,  one  of  the  Spanish  ministers,  dated  New  Or- 
leans, Sept.  26th,  1804,  and  also  the  same  to  the  same,  October  81st,  1804. 
State  Archives,  Baton  Bouge.) 

*  Morales  to  C»yetano  Soler,  19th  Aogost,  1804.    State  Airehiveg  at  Baton 
Bouge. 


■:'l'"; 


mil 


iltri;^' 


l"'Jl^i 


i'i 


,:?  ^.itf' 


20 


OPPOSITION   TO   THE   GOVEENMENT. 


[1804. 


Bor6,  Bellechasse,  Jones  and  Clark  had  been  the  leaders 
of  the  opposition  which  had  arisen  in  the  territory ;  they 
had  acted  the  most  conspicuous  part  in  the  meetings  of 
the  inhabitants ;  they  had  been  the  most  zealous  in  stim- 
ulating their  fellow-citizens  to  remonstrate  against  'the 
form  of  government  which  had  been  forced  upon  them ; 
they  could  not,  therefore,  with  any  consistency,  aid  in 
establishing  that  very  government  against  which  they 
had  protested,  and  they  declined  accepting  the  proffered 
seats  in  the  Legislative  Council  On  the  8th  of  October, 
Jones  wrote  on  the  subject  to  Governor  Claiborne  a 
very  spirited  letter,  in  which  he  said :  ''  I  cannot  accept 
of  any  office  under  a  law  of  which  I  have,  from  the 
beginning,  so  openly  expressed  my  disapprobation,  and 
which,  for  the  happiness  of  my  fellow-citizens,  forgive 
me  if  I  add,  for  the  honor  of  my  native  country,  I 
ardently  wish  to  be  annulled. 

"  When  calm  reflection  shall  have  taien  the  place  of 
passion  and  of  party  spirit,  I  flatter  myself  that  my  con- 
duct on  the  present  occasion  will  be  approved.  I  was 
bom  an  American.  I  glory  in  the  name.  In  defence  of 
that  happy  land  which  gave  me  birth  my  life  and  my 
fortune  shall  always  be  staked,  but  I  cannot  consent,  for 
any  consideration,  to  do  an  act  which  I  think  subversive 
of  the  rights  and  liberties  of  my  fellow-citizens." 

This  refusal  to  take  their  seats,  on  the  part  of  these 
gentlemen,  had  considerable  influence  on  the  other  mem- 
bers, who  held  back  in  dubious  suspense,  without  declin- 
ing, but  without  accepting.  Two  months  nearly  elapsed, 
and  no  council  could  be  formed,  notwithstanding  the 
incessant  OTorts  of  Claiborne  to  soothe  and  conciliate 
the  refractory  tempers  he  had  to  deal  with.  What  was 
to  be  done  in  this  perplexing  emergency  ?  It  happened 
that  the  President,  not  knowing  the  first  names  of  the 
persons  whom  he  had  selected,  had  contented  himself 


1804.] 


JUDICIAL   ORGANIZATION. 


with  designating  them  by  their  surnames,  and  had  sent 
blank  commissions  to  be  filled  on  the  spot.  Claiborne, 
thinking  himself  authorized  by  the  necessity  of  the  case, 
and  anxioas  to  avoid  the  mischief  which  would  have 
resulted  from  fui-ther  delay,  assumed  the  responsibility 
of  appointing  Dorci^re,  Flood,  Mather  and  Pollock  in 
th6  place  of  the  four  gentlemen  who  had  declined  the 
President's  appointment.*  "In  this  way  a  mere  quorum 
was  obtained  on  the  4th  of  December.f 

The  Territory  was  divided  by  this  Legislative  Council 
into  twelve  counties,  with  an  Inferior  Court  for  each, 
composed  of  one  judge,  and  the  practice  therein  was  pro- 
vided for,  as  well  as  in  the  Superior  Court.  Suits  were 
to  be  instituted  by  a  petition  in  the  form  of  a  bill  in 
chancery.  These  words,  "  A  bill  in  Chancery,"  grated 
strangely  on  the  ears  of  the  old  inhabitants  of  Louisiana. 
What  was  meant  by  chancery  ?  What  was  a  bill  in 
chancery?  The  attempt  to  enlighten  them  on  the  subjiBct 
would  have  been  ludicrously  futile;  hardly  any  one 
would  iiave  understood  the  explanation,  and  no  ex- 
planation or  instruction  was  sought,  or  given.  The 
definition  of  crimes  and  the  mode  of  prosecution  in  crim- 
inal cases,  according  to  the  common  law  of  England, 


^  Martin's  History  of  LouiBiana,  p.  253,  2d  vol. 

f  Jiilien  Poydras,  of  Pointe  Coup6e,  one  of  the  most  influential  and  wealthiest 
men  in  the  Territory,  had  greatly  contributed  by  his  eflPorts  to  the  formation 
of  tha  Council.  In  his  letter  of  a6ceptance  to  Claiborne  he  had  used  this  lan- 
guage :  "  The  President  of  the  United  States  having"  appointed  me  a  coim- 
cilor,  I  conceive  it  a  duty  to  accept.  If  those  who  have  great  interest  in  the 
country  should  decline  serving  it  when  called  upon,  their  conduct  would  be 
unwarrantable.  I  could  offer  many  plausible  excuses,  such  as  age,  insufficiency 
of  talents,  self-interest,  &c.  tBut  in  so  doing  I  should  not  act  the  part  of 
a  patriot.  A  beginning  must  be  made ;  we  must  he  initiated  into  the  sacred 
duties  of  freemen  and  the  practices  of  liberty."  This  reasoning,  however,  had 
no  influence  on  Cantrelle,  who  also  refused  a  seat  in  the  Council.  Commenting 
on  the  course  pursued  by  Poydras,  Governor  Claiborne  said :  "  His  acceptance 
is  a  fortunate  occurrence,  and  his  conduct  and  reasoning  form  a  happy  contrast 
to  the  part  acted  by  Jones,  Clark  and  others." 


■f 


h 


u\. 


22 


ADOPTION   OF  LAW8. 


[1804. 


ift'! 


{.;. 


m 


H 


^ 


A 


were  adopted,  and  were  not  more  intelligible  to  the  people. 
Common  Law  1    What  waa  it  ?    They  were  told  that  it 
was  "  unwritten  law."    Unwritten  law  I    That,  indeed, 
was  something  new  under  the  sun  for  those  who  had 
always  been  governed  by  precise  laws,  regulations  and  or- 
dinances I  How  could  law  be  unwritten  ?    Where  was  it 
to  be  found  ?    They  were  answered,  it  was  "  that  law 
which  di'awsits  binding  force  .from  immemorial  usage  and 
universal  reception  in  England."    Is  it  to  be  wondered 
at  if  fhey  shook  theirs  heads  in  utter  bewilderment  ?  But 
when  it  was  added,  for  a  clearer  elucidation  of  the  matter, 
that  they  might,  if  they  pleased,  take  it  to  be  "  a  body 
of  rules,  principles  and  customs,  which  derived  their 
authority  and  sanctity  iTom  their  filtration  for  centuries 
through  the  thick  strata  of  successive  British  generations, 
and  which,  originating  in  natural  justice  and  equity,  or 
local  customs,  were  only  to  be  evidenced  by  the  records 
of  judicial  decisions  scattered  through  liundreds  of  vol- 
umes written  in  a  language  which  they  did  not  compre- 
hend, the  only  distinct  impression  which  such  an  expla- 
nation left  on  their  minds  was,  that  the  common  law  was 
the  most  unfathomable  of  all  laws,  and  some  mysterious 
and  complicated  engine  of  oppression,  which  would  cer- 
tainly be  used  to  their  detriment.    They  much  better 
understood  the  provision  which  was  made  for  the  in- 
spection of  flour,  pork  and  beef.    They  also  understood 
the  charter  of  incorporation  which  was  given  to  the  city 
of  New  Orleans,  and  other  acts  relating  to  the  formation 
of  a  public  library  and  to  the  establishment  of  naviga- 
tion and  insurance  companies.    The  creation  of  a  uni- 
versity, which  was  intrusted  with  th^  locating  of  schools 
in  each  county,  was  also  within  their  comprehension ; 
but  as  no  appropriation  of  funds  was  made  for  those 
seminaries  of  learning,  the  people  were  sadly  puzzled  to 
discover  how  the  views  of  the  Legislature  were  to  be 


f  f  :' " 


1804.] 


GOYEBNOB   OLAIBOBNE. 


23 


or 


carried  into  execution  for  the  education  of  their  children. 
Some  may  have  thought  that  the  "  Common  Law,"  in  its 
amplitude,  had  provided  for  the  statutory  omission,  and 
that  some  relief  for  the  projected  schools  might  he  found 
in  a  "  chancery  bill."  But  vain  was  the  hope,  if  it  ever 
existed ;  and  this  first  attempt  to  educate  the  population 
proved  an  absolute  failure. 

The  Council  adjourned  in  February,  1805,  after  having 
appointed  a  committee  to  prepare  a  civil  and  a  criminal! 
code,  with  the  assistance  of  two  professional  men,  foij 
whose  remuneration  five  thousand  dollars  were  appro- 
priated. A  moderate  remuneration  for  such  a  work,  if 
worthily  done ! 

After  this  sketch  of  the  proceedings  of  the  Council,  it 
will  not  be  out  of  place  to  make  a  rapid  review  of  the 
acts  of  the  Governor.  As  before  stated,  the  new  terri- 
torial organization  went  into  operation  on  the  1st  of 
October,  and  Claiborne  was  sworn  into  office*  on  the 
3d  of  that  month,  by  Pitot,  mayor  of  the  city.  On  that 
very  day,  giving  information  of  the  fact  to  Mr.  Madison, 
Secretary  of  State,  he  said,  "  Mr.  Brown,  Secretary  of  the 
Territory,  is  at  Natchez,  and  does  not  propose  adventur- 
ing into  New  Orleans  until  about  the  close  of  this  month ; 
and  I  think  this  is  a  very  wise  precaution,  for  the  city  is 
not  yet  free  from  that  dreadful  scourge,  the  yellow  fever." 
In  the  proclamation  which  he  issued  a  few  days  after,  to 
convene  the  Legislature, he  used  this  language :  "In  the 
course  of  my  late  administration,  which,  from  a  variety 
of  circumstances,  was  accompanied  with  peculiar  difficul- 
ties, I  received  from  the  officers,  civil  and  military,  a 
zealous  and  able  co-operation  in  all  measures  for  the 
public  good,  and  from  the  people  in ,  general  an  indul- 
gence and  support  which  encouraged  harmony  and  in- 


*  Claiborne's  dispatch  to  Madison,  on  the  8d  of  October,  1804. 


■  It.''* 


'f\. 


Ill, 


,;  .■''» 


•  1 


•ll(,''f 


I. 


J.  if 'lit. m| 

1. If  !!';(••■ 


f 


24 


SPANISH  INTRIGUES. 


[1804. 


sured  the  supremacy  of  the  law."  This  document  must 
have  been  very  acceptable  to  the  Lonisianians,  for  it  put 
them  in  poRsession  of  a  direct  official  contradiction, 
proceeding  from  the  best  and  most  authentic  source,  of 
those  offensive  suppositions  and  apprehensions  which 
had  been  entertained  against  them  by  that  Congress 
who  had  voted  the  odious  territorial  organization  to 
which  they  were  to  be  subjected  after  the  1st  of  Oc- 
tober. 

On  the  18th  of  August,  Mr.  Madison  had  written  to 
Claiborne*  that  the  continuance  and  conduct  of  th^ 
Spanish  officers  at  New  Orleans  justly  excited  attention  ; 
that,  in  every  view,  it  was  desirable  that  those  foreign- 
ers should  be  no  longer  in  a  situation  to  affront  the  au- 
thority of  the  United  States,  or  to  mingle  by  their  in- 
trigues in  the  affairs  of  the  Territory ;  and  that  the  1st 
of  October,  the  day  fixed  for  the  inauguration  of  the  ter- 
ritorial government,  would  be  an  epoch  which  might 
be  used  for  letting  it  to  be  understood  that  their  stay, 
so  much  beyond  the  right  and  the  occasion  for  it,  was 
not  seen  with  approbation,  leaving  the  mode  and  man- 
ner of  the  intimation  to  the  discreet  judgment  of  the 
Governor.  In  answer  to  this  communication,  Claiborne 
wrote  on  the  5th  of  October :  "  There  is  no  doubt  with 
me  but  that  the  Spanish  officers  encourage  the  discon- 
tents which  arise  here,"  and  or  tha  9th  he  hasten edf  to 
communicate  to  the  Marquis  of  Casa  Calvo  the  instruc- 
tions he  had  received  from  the  Secretary  of  State  in  re- 
lation to  his  desired  departui'e  and  that  of  his  followers. 

An  able  pamphlet, J  written  in  French,  and  entitled' 


*  State  Archives  at  Baton  Rouge.  f  State  Papers  at  Baton  Roujro. 

^  EsquisSc  de  la  situation  politique  et  civile  de  la  Louisiane  depuis  le  80 
Novembro  1S03  jusqu'au  ler  Octotre  1804,  par  un  Louisianais.  Diverse  interciL 
miscentur  mtenia  Luctu.  Virg.  ^neid.  A  la  Nouvelle  Orleans,  de  I'imprimerie 
iu  T61egraplie,  chez  Beleurgey  et  Ronard,  rue  Bourbon. 


I  ,  ■ 


1804.] 


A  POLITICAL  PAMPHLET. 


25 


"  A  Sketch  of  the  Political  and  Civil  Situadon  of  Louisi- 
ana from  the  30th  of  November,  1803,  to  the  Ist  of  Oc- 
tober, 1804,  by  a  Louisianian,"  had  been  widely  circula- 
ted, and  had  produced  so  great  a  sensation,  that  Claiborne 
thought  it  of  sufficient  importance  to  make  it  the  subject 
of  a  special  communication  to  Mr.  Madison.  This 
pamphlet  contained  an  almost  complete  review  of  all 
the  grieveances  of  which  the  Louisianians  complained, 
and  the  tone  of  moderation  and  conviction  in  which  it 
was  conceived  added  to  its  force  and  effect.  It  attacked 
Unsparingly  the  conduct  of  the  American  Government 
and  some  of  the  acts  of  Claiborne.  But,  at  the  same 
time,  it  spoke  respectfully  of  that  magistrate'^  character, 
and  rendered  unequivocal  justice  to  his  integrity  and  to 
the  purity  of  his  intentions.  This  is  the  more  remarka- 
ble, from  the  fact  that  the  excitement  then  prevailing 
among  all  the  classes  of  that  population  for  whose  peru- 
sal it  was  intended,  had  been  carried  to  its  utmost  point 
of  intensity.  Claiborne's  communication*  to  Madison  is 
an  elaborate  vindication  of  himself  against  the  charges 
specified  in  the*pamphlet,  and  if  not  a  refiitation,  it  is  at 
least  a  positive  denial  of  many  of  the  assertions  con- 
tained in  it,  and  in  a  document  of  which,  however,  he 
was  ignorant, — ^that  is,  the  dispatch  of  Laussat  to  the 
French  Government  on  the  state  of  the  late  colony,  and 
which  is  inserted  in  the  preceding  pages.  Claiborne's 
defence  seems  imbued  with  the  spirit  of  a  man  who  is 
conscious  of  having  done  nothing  but  what  was  right ; 
and  in  perusing  it,  the  reader  can  hardly  refrain  from 
coming  to  the  conclusion  that  the  Governor,  whether 
correct  or  not  in  his  views,  was  at  least  in  earnest,  and 
believed  every  line  which  he  wrote. 

On  the  19th  of  Octobe-^,  as  an  instance  of  the  inflam- 


% 


*  Claiborne  to  Madison,  16tb  of  October,  1804,  p.  8  of  tbe  Exeeutive  Journal 
at  Baton  Roitge,  vol.  1.      ■ ""   -    »      ,     - 


•— ■       n-^—t'- 


' 


26 


POPULAB  EXCITEMENT. 


[1804. 


'i'";ki|>»  \ 
.  I.  .  "  ' 


.1  '■::':l| 
.  ..  '''!M 


'li; 


ii:.     ■, 


i" 


^Ilt 


t  ,;?  • 


•;?! 


mable  temper  of  the  population,  Claiborne  infonned 
Madison  that  a  private  uffair — the  caning  of  a  French- 
man in  the  street  by  an  Englishman — had  nearly  pro- 
duced a  very  serious  affray,  in  which  the  Americans  had 
sided  with  the  Englishman,  and  the  French  or  those  of 
French  extraction  with  his  adversary.  "  This  city,"  he 
said,  "  requires  a  strict  police ;  the  inhabitants  are  of 
various  descriptions,  many  highly  respectable,  and  some 
of  them  very  degenerate.  Great  exertions  have  been 
made  (and  with  too  much  success)  to  foment  differences 
between  the  native  Americans  and  the  native  Louisian* 
ians  —  every  incident  is  laid  hold  of  to  widen  the 
breach,  and  to  excite  jealousy  and  confusion — the  in- 
trigues of  certain  late  emigrants  from  France,  and 
some  of  the  satellites  of  the  Spanish  Government,  have 
tended  considerably  to  heighten  the  discontents  in 
this  quarter.  Everything  in  my  power^has  been  done 
to  counteract  these  intrigues,  out  with  little  success. 
The  fact  is,  that  the  affections  of  many  of  the  Louisian- 
ians  for  their  mother-country  are  warm,  and  others  seem 
attached  to  the  Spanish  Government.  I  haVe  to  complain 
also  of  some  of  the  native  Americans ;  they  are  rash,  and 
very  imprudent.  The  newspaper  publications  likewise 
add  to  my  embarrassments ;  they  give  inquietude  to  the 
Louisianians  and  trouble  to  me.  The  present  state  of 
things  here  mortifies  me  excessively,  but  I  hope  that  good 
order  will  be  preserved,  and  harmony  soon  restored. 
These  objects  shall  constitute  my  first  and  greatest  cares." 
Another  of  his  communications  to  the  Secretary  of 
State  at  Washington,  dated  on  the  26th  of  the  same 
month,  contains  these  sagacious  observations :  "Although 
there  has  been  much  discontent  manifested  in  New 
Orleans  and  its  vicinity,  yet  I  do  not  believe  that  the 
disaffection  is  of  a  serious  nature,  or  that  it  is  ex- 
tensive.   That  some  difficulty  should  attend  the  Intro- 


1804.] 


OOYEBNOB  OLAIBOBNB  S  VINDICATION. 


duction  of  American  governmient  and  laws,  was  to  hav"? 
been  expected.  On  every  change  of  dominion,  discon- 
tents)  more  or  less,  invariably  ensue ;  and,  when  we  take 
into  view  the  various  and  rapid  transitions  and  transfers 
which  have  taken  place  in  this  territory,  we  may  indieed 
felicitate  ourselves  on  the  great  share  of  good  order 
which  has  been  preserved.  The  most  arbitrary  govern- 
ments find  advocates,  and  the  most  unprincipled  iespot 
is  seldom  without  friends.  When  despotism  leigns, 
silence  (produced  by  fear)  is  received  as  the  test  of  con- 
tentment, and  a  tame  submission  to  injustice  as  proof 
of  the  public  sanction.  Had  an  administration,  rigid, 
coercive  and  unjust,  been  introduced  into  the  ceded  terri- 
tory, under  the  authority  of  the  United  States,  I  am  per- 
suaded there  would  have  been  less  murmuring,  and  a 
delusive  appearance  of  popular  approbation.  But  under 
a  mild  and  just  government,  which  admits  of  freedom 
of  speech  and  of  opinion,  the  man,  indeed,  must  be  little 
acquainted  with  human  nature  who  would  expect  to  find 
in  Louisiana  union  in  expression  and  sentiment." 

On  the  next  day,  in  another  communication  which  he 
intended  to  be  in  justification  of  his  course  of  adminis- 
tration, he  observed :  "  My  object  has  been  to»avail  the 
public  of  the  services  of  the  w^U-informed  and  deserving 
citizens,  and  as  there  are  many  native  Americans  of  this 
description  residing  in  Louisiana,  it  ought  not  to  be  a 
matter  of  surprise  that  some  of  them  should  have  re- 
ceived offices.  The  ancient  Louisianians  hold  as  many 
appointments  as  their  numbers  and  qualifications  entitle 
them  to,  and  therefore  they  ought  not  to  complain." 
?  On  the  3d  of  November,  Claiborne  received  the  in- 
formation that  a  vessel,  with  neai*  two  hundred  French- 
men on  board,  who  had  been  prisoners  of  war  to  the 
British  Government,  but  who  had  successfully  risen 
against  their  captors  on  the  high  seas,  had  entered  the 


nil 


mi 


h 


,  ;.it;  :■ 


■'i 


|{„.:.,l'!i! 


i 


.H'l 


»'H!''    ill 


I 


,  '"■ '.[ 


''IP 


■.*•.:  ...  ...  i! 


I  .. 


.  ■  •!•  H 


^  »■ 
.  •  it 


M- 


28       TWO    HUNDRED  FBENOIIMSN   OBI  ilKED   AWAV.       1804. 

Mi88iHHip[>i,  with  the  deflign  of  coining  up  to  New  Oi-  • 
leans  with  their  prize.*  He  imtnecliately  wrote  to  Capt. 
Samuel  Davis :  "  If  this  ntatement  be  correct,  no  retiige 
or  shelter  can  be  given  in  any  port  of  this  Territory  to 
the  said  vessel,  and  slie  must  depart  as  soon  as  possible. 
You  will  therefore  proceed  immediately  to  Plaquemine, 
where  you  will  find  that  vessel  detained,  and  ascertain 
how  far  the  statement  made  to  me  be  true.  If  you  find 
that  the  vessel  is  a  prize,  or  that  she  was  captured  in  the 
manner  described,  you  will  hand  the  letter  herein  in- 
closed to  the  person  who  shall  appear  to  have  command 
of  said  vessel,  and  urge  her  immediate  departure."  On 
the  sanae  day,  giving  information  of  this  fact  to  Madison, 
he  said :  "  I  determined  that,  under  the  treaty,  it  would 
be  improper  to  permit  this  vessel  to  find  an  asylum 
here,  and  I  was  further  convinced  that  the  sudden  arrival 
of  so  many  Frenchmen  in  this  city  (whose  habits  and 
situation  are  not,  probably,  calculated  to  render  them 
useful  members  of  society)  might  disturb  the  harmony 
of  our  community."  - 

But  Claiborne's  intentions  were  completely  defeated. 
The  two  hundred  Frenchmen  who  had  captured  the 
vessel  had  no  idea  of  going  back  to  sea  in  her,  and 
many  of  them  deserted,  her  and  found  their  way  to  the 
city.  Finally,  she  and  her  cargo  were  seized  by  the  U. 
S.  Marshal  at  the  request  of  British  claimants,  and  the 
case  had  to  be  adjudicated  upoi .  by  judicial  authority. ' 
As  to  those  Frenchmen  who  had  thus  made  their  escape, 
Claibjrne  wrote  to  Madison,  "  that  they  had  already 
proved  themselves  unworthy  members  of  society,  and 
that  he  was  therefore  the  more  desirous  to  prevent  the 
men  remaining  on  board  from  landing."  f 

The  arrival  of  those  two  hundred  Frenchmen  with 

*  Claiborne  to  Davis,  3d  November,  1804,  p.  21,  Executive  Journal,  vol.,1. 
f  Claiborne  to  Madison,  15th  Nov.,  1804,  p.  37.    Do. 


Ift04.] 


OABOIA  AND   HOBOAN. 


29 


•*i 


the  vessel  "  Hero,"  which  they  had  captured,  to  the  great 
contentment  of  the  Louisianians,  who  had  no  friendly 
feelings  for  the  English,  had  produced  some  degree  of 
agitation,  which  was  greatly  increased  by  another  in- 
cident. On  the  15th  of  November,  the  Sheriff,  Louis 
Kerr,  had  received  an  order  from  the  Superior  Court  to 
hold  to  bail  Captain  Manuel  Garcia,  a  Spanish  officer,  at 
the  suit-  of  D.  B.  Morgan,  in  the  sum  of  six  hundred 
dollars  and  upward.  Morgan  was  a  native  citizen  of 
the  United  States,  and  had  been  for  some  time  past  em- 
ployed as  a  surveyor  for  Spain  in  West  Florida.  For 
some  cause  or  other  he  had  been  arrested  by  the  Spanish 
authorities  on  Spanish  ground,  and  with  the  property  in 
his  possession  had  been  put  on  board  of  a  Spanish  galle}' 
commanded  by  Garcia  and  bound  to  Pensacola.  On  her 
way  down  the  lakes,  the  galley  anchored  at  the  mouth 
of  Bayou  St.  John,  from  which  Morgan  made  his  escape 
to  New  Orleans.  On  his  arrival,  he  applied  to  Folch, 
the  Governor  of  Florida,  who  was  then  in  New 
Orleans  on  his  way  to  Pensacola,  in  order  to  obtain  the 
restoration  of  his  property,  which  was  detained  on  board 
of  the  galley.  But  his  application  not  having  been  at- 
tended to,  Morgan  had  recoui-se  to  judicial  process 
igainst  Garcia,  who  also  happened  to  have  come  to  the 
city,  and  against  whom  a  writ  was  issued.  This  Spanish 
officer,  on  his  being  waited  upon  ,by  the  Sheriff,  refused 
to  be  taken  into  his  custody,  or  in  lieu  thereof,  to  give 
bail,  although  several  gentlemen  offered  to  go  security 
for  him.  He  declined  their  services,  on  the  ground  that 
such  were  his  orders  from  his  superior  officers,  and  de- 
clared that  he  would  submit  only  to  force.  He  requested, 
however,  the  Sheriff  to  await  the  arrival  of  Govenior 
Folch,  whom  he  had  sent  for  and  expected  every  moment. 
To  this  {he  Sheriff  gave  his  assent ;  but  Governor  Folch, 
being  confined  to  his  room  by  indisposition,  sent  his  son, 


30 


ARREST   OF   GAROIA. 


[1804. 


1,1. •'M' 


■■;'t.,'. 


(•II.  u  ;,, 


who  directed  Captaiu  Garcia  not  to  give  bail,  and  to 
resist  by  force  any  attempt  to  remove  him  fi'om  the  house 
in  which  he  was.  This  youth  was  excited,  and  in  giving 
these  orders,  used  some  intemperate  language.  By  this 
time  the  room  in  which  this  scene  took  place  had  become 
crowded,  principally  by  Spaniards,  many  of  whom  were 
armed.  The  Sheriff  was  about  ordering  in  a  few  men 
whom  he  had  left  in  the  street,  when  he  was  entreated 
to  desist  a  few  minutes  longer,  and  to  see  Governor 
Claiborne,  the  Marquis  oi  Dasa  Calvo  and.  Governor  Folch, 
between  whom  it  was  presumed  that  this  affaii*  could  be 
amicably  arranged,  on  the  plea  that,  in  virtue  of  Governor 
Olaibome^s  permission  to  the  Spanish  officers  generally  to 
pass  through  the  ceded  territory  from  Baton  Rouge  to 
Pensacola,  Captain  Garcia  thought  himself  protected  by 
the  law  of  nations  and  the  good  faith  of  the  American 
Government  from  arrest.  Leaving  Garcia  in  the  hands 
of  his  friendS)  the  Sheriff'  called  on  Judge  Prevost,  and 
related  to  him  the  circumstances  of  the  case.  The 
Judge's  stern  answer  was,  that  the  writ  must  be  executed, 
or  that  the  Sheriff  would  have  to  abide  the  consequences 
of  its  non-execution.  This  officer,  therefore,  had  nothing 
else  to  do  but  to  obey,  and  on  his  way  back  to  Garcia's 
house,  being  informed  that  a  large  concourse  of  people, 
at  least  two  hundred  in  number,  had  gathered  round  it 
in  a  state  of  great  excitement,  he  thought  it  advisable  to 
add  to  his  constabulary  escort  the  reinforcement  of  a 
corporal  and  three  men  whom  he  took  from  the  guard- 
house. But  on  his  making  his  appearance  where  Garcia 
was,  swords  were  drawn  by  his  opponents,  and  he  found 
himself  too  weak  to  effect  the  arrest  which  he  had 
contemplated.  Finally,  Garcia  surrendered  to  a  detach- 
ment of  the  LTnited  States  troops  commanded  by  Lieu- 
tenant Wilson.*  ' 

•  L.  K6rr'B  report  to  Claiborne,  17th  Nov.,  1804.  Executive  Jour.,  p.  29,  vol.  1  . 


1804.] 


CA8A   OALVO'S   COMPLAINTS. 


01 


,  The  Spanish  authorities  were  mucli  excited  by  this 
outrage,  as  they  considered  it,  and  the  Marquis  of  Casa 
Calvo  wrote  to  Governor  Claiborne  a  letter,  in  which  he 
expressed  his  feeling  of  indignation,  and  maintained 
that  Captain  Garcia  could  not  bfwmade  liable  on  Amer- 
ican territory  for  what  he  had  done  by  the  command 
of  his  superiors  in  the  Spanish  dominions.  Claiborne 
was  no  less  irritated  by  the  tone  assumed  toward  him, 
and  returned,  on  the  16th  of  November,  this  spirited  an- 
swer to  Casa  Calvo :  "  I  have  read  with  respectful  atten- 
tion your  Excellency's  letter  of  this  evening,  and  in  reply 
I  have  only  to  state,  that  the-  Spanish  officer  you  allude 
to  is  in  arrest  in  virtue  of  a  process  regularly  issuing 
from  the  Superior  Court  of  this  territory.  Upon  what 
grounds  it  may  have  been  issued,  or  how  far  it  may  have 
been  irregular,  it  is  not  within  my  province  to  inquire. 
The  powers  of  tbe  Judiciary  are  derived  immediately 
from  the  General  Government  of  the  United  States. 
The  court  is  independent,  and  not  subject  to  my  coniiol. 
.If  the  arrest  of  the  officer  be  illegal,  the  court  will  cer- 
tainly direct  his  liberation  on  a  proper  application  to 
that  effect.  I  cannot  perceive  in  this  transaction  any 
just  cause  for  the  agitation  which  has  been  discovered 
(HI  the  part  of  your  Excellency,  and  of  Governor  Folch. 
In  a  verbal  message  to  me  from  your  Excellency,  expres- 
sions are  conveyed  derogatory  to  the  Government  which 
I  represent,  as  well  as  personally  offensive  to  me,  and  I 
learn  with  regret  that  Governor  Folch  has  used  lan- 
guage equally  exceptionable.  Your  Excellency  can 
easily  conceive  my  feelings  on  receiving  such  communi- 
cations. No  threats  of  this  nature,  you  may  be  assured, 
can  induce  me  to  swerve  from  my  duty ;  and  permit  me 
to  add,  that  the  power  does  not  exist  whicli  can  shake  the 
authority  of  my  country  over  this  territory." 
A  long  correspondence  ensued  on  the  subject  between 


I  ^- 


w 
i 


i 


i  % 

flit  "'Mi, 't 


.■hi  111. 


'.';'  ill  H 
£■,:■  '-i  -If 
'"■  ■  rf  '1' 


tilt  I'.'  f,„' 


if'':         .   , 
M 

■  '■■ :!' 

■fc.;'  ■'    ■    ' 

ff  .•■,.■■  •v> 
I'  'l^     .'   ''i 


'[.*:..  ■  , 


.  'i 


m 


it 


f 


P 


^Pt 


GLAIB0BJ!4E'3   answers. 


[1804. 


Casa  Calvo  and  Claiborne,  and  it  was  at  last  agreed  to» 
leave  the  case  in  the  hands  of  the  judiciary,  as  appears 
by  a  communication  of  the  22d  of  November,  in  which 
Claiborne  said  to  Casa  Calvo :  "  I  learn  with  pleasure  that 
you  are  at  last  convinced  that  the  affair  of  Captain  Gar- 
cia is  placed  on  the  only  footing  which  the  existing  laws 
of  this  territory  can  admit  of.  How  far  my  permission 
£br  Governor  Folch  and  suite  to  pass  by  this  route  to 
Pensacola  entitles  Captain  Garcia  to  exemption  from  ar- 
rest, is  matter  for  the  consideration  of  the  court,  and  on 
this  question  there  is  no  doubt  but  the  decision  will  be 
a  proper  one." 

But  as  soon  as  orie  difficulty  was  settled  another 
^vould  spring  up,  and  Claiborne  was  never  allowed  to 
enjoy  long  any  degree  of  undisturbed  tranquillity.  Thus 
he  had  hardly  got  rid  of  the  Garcia  controversy,  when 
another  arose  between  him  and  Casa  Calvo,  in  conse* 
quence  of  his  refusing  to  carry  into  execution  certain 
judgments  which  had  been  rendered  against  certain  in- 
dividuals by  the  Spanish  authorities.  ^Casa  Calvo  bit- 
terly complained  of  this  refusal,  which  made  it  imp<Sssi- 
ble  for  him  to  collect  "  the  arrears  of  the  king's  revenue." 
At  last  Claiborne  put  an  end  to  it  by  addressing  to  the 
Marquis  this  final  note  on  the  suDJect :  "  A  mere  acquaint- 
ance* with  the  laws  of  the  United  States,  sir,  would  be 
sufficient  to  inform  you  that  they  will  suffer  no  judgment 
to  be  executed,  but  those  rendered  in  their  own  courts ; 
that  in  those  courts  foreign  judgments,  however  respect- 
able the  tribunal  which  rendered  them,  are  only  evi- 
dence, and  require  the  confirmation  of  an  American 
judgment  before  ^ny  execution  can  flow  therefrom.  I 
have  therefore  only  to  add,  that  in  all  cases  of  this  na- 
ture, the  courts  of  this  Territory  are  open  to  you,  and 


*  Claiborne  to  Casa  Calvo,  VM  of  November,  1804. 
89,  vol.  1. 


EiZecutive  Journal,  page 


1804.] 


IMPOETATION   OF   SLAVES. 


8d 


V 


arc  vested  with  the  power  (no  longer  in  my  hands)  of 
redressing  any  grievances  which  you  may  have  occasion 
to  complain  of." 

Another  source  of  tribulaticm  to  Claiborne  was  the 
necessity  of  soon  preventing  altogether  that  slave-trade 
to  which  the  ancient  population  was  accustomed,  and 
which  could  not  continue  under  the  new  regiine.  It  was  a 
task  which,  had  he  been  'so  disposed,  it  would  have  been 
impossible,  for  the  present,  to  perform  strictly  and  eflfectu- 
ally.  Negroes  were  daily  smuggled  into  the  Territory 
through  the  Spanish  possessions,  by  the  way  of  the  lakes, 
Borgne,  Pontchartrain  and  Maurepas,  to  the  districts  of 
East  Baton  Kouge  and  Feliciana,  and  also  through  the 
innumerable  bayous  which  empty  into  Barataria  Bay 
and  other  sea  outlets.  At  the  North,  Claiborne  was  ac- 
cused of  conniving  at  the  trade,  and  he  had  to  defend 
himself  against  the  accusation.  In  a  communication* 
of  the  25th  of  November  to  the  President,  he  says : 
"  The  late  admission  of  foreign  negroes  has  also  been  a 
subject  of  complaint  against  me.  The  Searcher  of  all 
hearts  knows  how  little  I  desire  to  see  another  of  that 
wretched  race  set  his  foot  on  the  shores  of  America,  and 
how  from  my  heart  I  detest  the  rapacity  that  would 
transport  them  to  us.  But,  on  this  point,  the  people  here 
were  united  as  one  man.  There  seemed  to  be  but  one 
sentiment  throughout  the  province.  They  must  import 
more  slaves,  or  the  country  was  ruined  forever.  The 
most  respectable  characters  could  not,  even  in  my  pres- 
ence, suppress  the  agitation  of  cheir  temper,  when  a 
check  to  that  trade  was  suggested.  Under  such  circum- 
stances, it  was  not  for  me,  without  the  authority  of  pre- 
vious law,  or  the  instructions  of  my  government,  to  pro- 
hibit the  importation." 


if 


*  Page  48,  vol.  1,  Executive  Journal. 


'-'^''If/^m 


;':SM^ 


'■f\ 


v  •  ■•■  ■ 

it         'f! 


1 1). ; 


"■■:::■:■''•■.. 

,  „>■  •"'  '■■'% 
■,;■,."";  •! 
,"tjj  '    ■  'i 


,!.  Si;'*  iu 


t 


,  f^;;«f 


}.'^".-  .:*^ 


I ..  ■  ■■? 


34 


FIRST  LEGISLATIVE  ASSEMBLY. 


[1804. 


On  the  27th  of  November,  the  peace  of  New  Orleans 
was  disturbed  by  a  quarrel  between  the  city  militia  and 
the  troops  of  the  United  States,  arising  from  a  feeling 
of  jealousy  which  had  sprung  up  between  them,  and 
Claiborne  was  again  called  upon  to  settle  this  diflficulty, 
on  a  fonnal  complaint  laid  before  him  by  the  City 
Council  against  Lieutenant  Wilson,  the  same  who  had 
arrested  Captain  Garcia.  A  tjourt-martial  had  to  be 
convened,  which  took  cognizance  of  the  charges  brought 
%  by  the  city  authorities  against  the  lieutenant,  and  tie 
affair  was  finally  settled,  not  withotit  leaving,  however, 
some  ill  blood  fermenting  on  both  sides. 

The  new  Legislative  Council,  which  it  had  been  so 
difficult  to  form,  met  on  the  4th  of  December,  as  before 
stated,  and  Claiborne  addressed  to  them  an  appropriate 
message  on  that  important  occasion,  which  was  the 
harbinger  in  Louisiana  of  the  era  of  self-government 
by  the  people.  He  particularly  recommended  to  them 
the  subject  of  education :  "  Let  exertions  then  be  made," 
he  said,  "  to  rear  up  our  children  in  the  paths  of  science 
,  and  virtue,  and  to  impress  upon  their  tender  hearts  o  love 
of  civ  il  and  religious  liberty.  Among  the  several  States 
of  the  Union  an  ingenuous  emulation  happily  prevails, 
in  encouraging  literature  and  lit  'ary  institutions,  and 
some  of  these  are  making  rapid  strides  toward  rivaling 
the  proudest  establishments  of  Europe.  Li  this  sen- 
timent, so  favorable  to  the  general  good,  you,  gentle- 
men, I  am  certain,  will  not  hesitate  to  join." 

Shortly  after  this  paragraph  comes  this  passage,  which, 
no  doubt,  was  designed  to  quiet  some  anxiety  then 
existing  among  the  clergy,  as  to  their  position  under  the 
new  order  of  things :  "  As  connected  with  the  education 
of  youth,"  he  remarks,  "  avery  constitutional  encourage- 
ment should  be  given  to  ministers  of  the  Gospel.  Re- 
ligion exalts  a  nation,  whilst  sin  is  the  reproach  of  any 


.iif 


I  H- 


1804.] 


BELI£F  IN   RE-CESSION. 


people.  It  prepares  us  for  those  vicissitudes  whicli  so 
often  checker  human  life.  It  deprives  even  misfortune 
of  her  victory.  It  invites  to  harmony  and  good-will  in 
this  world,  and  affords  a  guaranty  for  happiness  here- 
after." TTiis  was  certainly  very  acceptable  to  the 
religious-minded  part  of  the  community,  but  any 
political  body,  attempting  to  act  on  such  a  recom- 
mendation from  the  Executive,  and  to  determine  what 
kind  of  constitutional  encouragement,  under  our  institu- 
tions, can  be  given  by  legislation  to  ministers  of  the 
Gospel,  would  probably  find  the  subject  fraught  with 
considerable  difficulties. 

It  is  a  curious  fact  that,  when  thus  going  through  the 
solemnity  of  opening,  with  commendable  dignity  and 
with  apparent  reliance  on  those  he  addres&ed,  the  first 
Legislative  Assembly  in  Louisiana,  Claibor  tie  was  aware 
that  there  was  among  the  population  very  little  faith  in 
the  duration  of  the  system  of  government  which  he  was 
gravely  introducing  to  theii'  supposed  grateful  accept- 
ance. This  is  proved  by  his  communication  of  the  11th 
of  December  to  Madison  :*  "  The  President's  Message," 
he  says,  "  has  been  translated  into  the  French  language, 
and  I  will  take  care  to  have  it  circulated  among  the 
people.  It  will  tend  to  remove  an  impression  which  has 
heretofore  contributed  greatly  to  embarrass  the  local  ad- 
ministrtition,  to  wit — that  the  country  west  of  the  Mis- 
sissippi would  certainly  be  re-ceded  to  Spain,  and  perhaps 
the  w'hole  of  Louisiana.  So  general  has  beea  this  im- 
pression, particularly  as  it  relates  to  the  'country  west 
of  the  Mississippi,  that  many  citizens  have  been  fearful 
of  accepting  any  employment  under  the  American  gov- 
ernment, or  ev^n  manifesting  a  respect  therefor,  lest  at 
a  future  time  it  might  lessen  them  in  the  esteem  of 


I. 


*  Page  65,  Executive  Journal,  vol.  1. 


-...■.  -/'■'■i 


|.: 


f&4 


36 


THE   YELLOW  FEVEB. 


[1804. 


)f"r. 


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■•  .      HI.     !;■ 

.::;r'";; 


Jli;    'iff. 


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(•■  it* 

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J. 

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u 

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t» 

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■  * 


■i 


Spanish  officers.  This  opinion  as  to  re-cession  has  "br^en 
greatly  encouraged  by  the  Marquis  of  Casa  Calvo  and 
Governor  Foloh,  who  are  really  so  uninformed  of  the 
strength  of  the  United  States,  as  to  suppose  that  the 
Spanish  monarch  could  readily  acquire  and  maintain 
possession  of  Louisiana,  and  I  doubt  not  but  they  hav*^ 
made  such  representations  to  their  court." 

The  yellow  fever  had,  in  the  autumn  of  this  year, 
.been  very  fatal  in  New  Orleans,  and  in  connection  with 
other  remarks  on  this  subject,  Claiborne,  in.  a  message 
to  the  Legislative  Council,  on  the  14th  of  December, 
had  called  the  attention  of  that  body  to  a  plan  d'^vised 
by  Jefferson  to  prevent  the  recurrence  of  such  a  calamity. 
Referring  to  the  probable  growth  of  New  Orleans,  the 
President  said :  "  The  position  of  New  Orleans  certainly 
destines  it  to  be  the  greatest  city  the  world  has  ever 
seen.  There  is  no  spot  on  the  globe  to  which  the  prod- 
uce of  so  great  an  extent  of  fertile  country  must  ne- 
cessarily come.  It  is  three  times  greater  than  that  on 
the  eastern  side  of  the  AUeghanies,  which  is  to  be  divided 
among  all  the*seaport  towns  of  the  Atlantic  States.  In 
the  middle  and  northern  parts  of  Europe,  where  the  sun 
rarely  shines,  they  may  safely  build  cities  in  solid  blocks 
without  generatinf;  disease;  but  under  the  cloudless 
skies  of  America,  where  there  is  so  constant  an  accu- 
mulation of  heat,  nen  cannot  be  piled  on  one  Mother 
witb  impunity.  Accordingly,  we  find  this  disease  con- 
fined to  the  solid -built  parts  of  our  towns,  and  the 
parts  on  the  water- side,  where  there  is  most  matter  for 
putrefaction,  but  rtrely  extending  into  the  thin-built 
parts  of  the  towns,  and  never  into  the  country.  In  these 
latter  places  it  cannot  be  communicated.  In  order  to 
catch  it,  you  must  go  into  the  local  atmosphere  where 
it  prevails.  Is  not  this,  then,  a  strong  indication  that 
we  ought  not  to  contend  with  the  laws  of  natur«.  bnt 


III 


1804.] 


PREVENTIOlir   OP  YELLOW   FEVEE. 


37 


should  decide  at  once  that  all  our  cities  shall  be  thin- 
built?" 

After  these  introductory  observations,  the  President 
expressed  the  opinion  that,  in  building  cities  in  the 
United  States,  the  people  should  take  the  checker-board 
for  their  plan,  leaving  the  white  squares  open  and  un- 
built forever  and  planted  with  trees.  "  As  it  is  proba- 
ble,"* he  observed  to  Claiborne,  "  that  New  Orleans  must 
soon  be  enlarged,  I  inclose  you  this  same  plan  for  con- 
sideration. I  have  great  confidence  that,  however  the 
yellow  fever  may  prevail  in  the  old  part  of  the  town,  it 
would  not  be  comm\micated  in  that  part  which  should 
be  built  on  this  plan,  because  this  would  be  like  the  thin- 
built  parts  of  our  towns,  where  experience  has  taught 
us  that  a  person  may  carry  it  after  catching  it  in  its  local 
region,  but  can  never  communicate  it  out  c" that.  Having 
very  sincerely  at  heart  that  the  prosperity  of  New  Or- 
leans should  be  unchecked,  and  great  faith,  founded,  I 
think,  on  experience,  in  the  eflfect  of  this  mode  of  build- 
ing against  a  disorder  which  is  such  a  scourge  to  our  close- 
built  cities,  I  could  not  deny  myself  the  communication 
of  the  plan,  leaving  it  to  you  to  bring  it  into  real  exist- 
ence, if  those  more  interested  should  think  as  favorably 
of  \t  as  I  do.  For  beauty,  pleasure,  and  convenience,  it 
would  certainly  be  eminent."  It  must  be  apparent  to 
all  those  who  may  look  at  the  map  of  the  city  of  New 
Orleans  as  it  stands  at  this  time,  in  1859,  that  thus  far, 
in  its  ever  progressive  enlargement,  the  plan  recommend- 
ed by  Jefferson  has  met  vnth  very  little  attention. 

Toward  the  end  of  December,  the  elements  of  'liscord 
which  had  distracted  the  countrj'  seemed  to  coL?e  to  a 
temporary  truce,  and  to  be  disposed  to  allow  the  expiring 
year  to  make  in  peace  its  exit  from  the  stage ;  for  Clai- 


*  Executive  Journal,  vol.  1,  page  66. 


^,<("-.... 


•'•  ■",: 


»■.  '  < 


I 


fi 


.'■■    * 


$ 


38 


PREVENTION   OF   YELLOW   FEVER. 


L1804. 


borne  wroie  to  Madison  on  the  Slat:  "I  have*  never 
witnessed  more  good  order  than  at  present  pervades  this 
city,  and,  as  far  as  I  can  learn,  the  whole  Territory.  I 
discover  also,  w'liti  great  pleasure,  the  existence  of  afriend- 
ly  understanding  between  the  modem  and  the  ancient 
Louisianians.  The  winter  amusements  have  commenced 
for  several  weeks ;  the  two  descriptions  of  citizens  meet 
frequently  at  the  theatre,  at  the  balls  and  other  places 
of  public  amusement,  and  pass  their  time  in  perfect  har- 
mony. A  great  anxiety  exists  here  to  learn  the  fate  of 
the  memorial  to  Congr((S8.  The  importation  of  negroes 
continues  to  be  a  favorite  object  with  the  Louisianians: 
and  1  believe  the  privilege  of  electing  one  branch  of  tho 
Legislature  would  give  very  general  satisfaction.  Imme- 
diate admission  into  the  Union  is  not  expected  by  the 
reflecting  part  of  society,  nor  do  I  think  there  are  many 
who  desire  it."  But  this  roseate  hue,  which  had  spread 
over  the  horizon,  flattering  Claiborne  with  halcyon  days, 
was  soon  to  give  way  to  the  darkening  shades  of  a  stormy 
sky.  Claiborne  had  suffered  himself  to  be  blinded  by  a 
pleasing  delusion.  The  discontent  which  was  rankling 
in  many  hearts  was  too  deep  and  too  bitter  to  be  soothed 
by  the  occasional  amenities  of  social  intercourse  in  the 
public  places  to  which  he  refers.  That  discontent  arose 
from  feelings  which  were  proof  against  the  fascinations 
of  the  ball-room,  the  attractions  of  theatrical  perform- 
ances, the  bewitching  influence  of  musical  entertain- 
ments, or  the  sparkling  bowls  of  the  festive  board.  It 
was  hardly  possible  that  it  should  have  been  othei  vvise ; 
for  if  the  act  of  Congress,  dividing  Louisiana  into  two 
territories,  and  providing  for  the  temporary  government 
thereof,  had  excited  the  indignation  of  its  inhabitants, 
and  if  Bor6,  Bellechasse,  Jones,  Cantrelle  and   Clark, 


^ 


*  Executive  Journal,  vol.  1,  page  61. 


'i\:' 


1804.] 


DEBATES   IN   CONGRESS. 


39 


when  refusing  to  take  their  seats  in  the  newly  appointed 
Legislative  Council,  and  to  aid  in  carrying  into  execution 
"  an  act "  which  they  had  proclaimed  to  be  an  infringe- 
ment of  the  r^  .ts  anrT  dignity  of  those  to  whom  it  was 
to  be  applied,  had  been  approved  by  the  immense  ma- 
jority of  their  fellow-citizens,  it  is  due  to  them  to  say 
that  the  debates  in  Congress,  on  i;he  discussion  of  that 
ver}^  act,  had  been  of  such  a  nature  as  to  wound  their 
just  susceptibilities.  Many  members  of  that  body,  who  had 
opposed  its  passage,  had  taken  of  it  the  same  view  in 
which  it  presented  itself  to  the  people  of  Louisiana.  In 
relation  to  the  power  vested  in  the  Governor  "  to  con- 
vene and  prorogue  the  Legislative  Council,  whenever  he 
mifj^ht  deem  it  expedient,"  Mr.  Leib,  in  the  House  of 
Representatives,  had  said  "  that  it  made  that  body  the 
most  dependent  in  the  United  States ;  and  that,  when 
the  power  of  prorogation  vested  in  the  Governor  was 
duly  considered,  it  seemed  to  him  that  the  people  of  the 
"*Temtory  would  be  much  better  without  such  a  body. 
It  was  a  royal  appendage."    .... 

Not  only  did  Mr.  Gregg  agree  with  Mr.  Leib,  as  to  the 
objectionable  featui'e  that  gentleman  had  pointed  out, 
but  he  was  also  opposed  to  the  power  given  to  the  Presi- 
dent to  appoint  the  members  of  the  Council.  "It  was  a 
burlesque.  How  was  the  President  to  know  anything 
of  their  qualifications  ?  From  whom  was  he  to  deriv^ 
that  information  except  from  the  Governor  ?  And  why, 
therefore,  should  not  that  officer  himself  be  at  once  the 
appointing  power  ?"  Mr.  Vamum  was  of  opinion  that 
they  were  establishing  a  kind  of  government  hitherto 
unknown  in  the  United  States.  "  Why  not  make  pro- 
vision for  the  election  of  a  legislative  body  by  the  peo- 
ple ?  Policy,  justice,  propriety  and  the  obligations  of  the 
treaty  of  cession  required  it  at  their  hands."  Mr.  Elliot 
declared  that,  "  to  authorize  the  President  to  appoint  the 


I 


1;  ■' 


40 


DEBATES   IN   CONOBE88. 


[1804. 


''f    '  ■' 


::-:f 


". ,.,.» 


•■  1.';, 


:i. 


:v 


.:'S^ 

{■•;••'■ 

Y'i  '■''■ 

"»  ■  I 

I  ■••'•*. 

r.  .•  •  ■  j.. 

t 

"K: 

'k 

*:•"- 

«' 

'"  '•• '. 

Vit- 

1'  ■'• 

'i  1 

r   ■ 

•■.'If 

'?.  •  •' 

■  hi' 

•! 

■I 

i 

*.  ■ 

'I:; 

i  '1:11^: 

]r 

mem"bors  of  the  Legislative  Council,  was  neither  consist- 
ent with  the  spirit  of  the  Constitution,  nor  with  the 
treaty." 

"  It  is  extremely  difficult,"  said  in  reply  Mr.  Eustis  of 
Massachusetts,"  to  form  any  system  of  government  for 
this  Territory  consonant  with  our  ideas  of  civil  liberty 
under  the  Constitution  of  the  United  States.     Before  we 
determine  the  principle  on  which  the  Council  is  to  be 
formed,   it  is   necessary   distinctly  to  understand  the 
genius,  the  manners,  the  disposition  and  the  state  of  the 
people  to  be  governed.    The  treaty  has  been  resorted  to 
by  m}'  colleague,  to  show  that  they  are  entitled  to  elect 
their  own  Legislature.     It  says :  TJie  inhabitants  of  the 
ceded  territory  shall  he  incorporated  in  the  Union  of  the 
United  States,  and  admitted  as  soon  as  possible,  according 
to  the  principles  of  the  Federal  Constitution,  to  the  enjoy- 
ment of  all  the  rights,  ad/vantages  and  immunities  of 
citizens  of  the  United  States.    Are  the  people  of  Louisiana 
admitted  into  the  Union  at  this  time,  or  ©ot,  with  all  the 
rights  of  citizens  of  the  United  States?    If  they  are  so 
admitted,  they  are  undoubtedly  entitled  to  all  the  rights 
of  citizens  of  the  United  States.     If  not,  there  remains 
another  inquiry :  Are  they  qualified  from  habit,  and  from 
the  circumstances  in  which  they  are  placed,  to  exercise 
those  high  privileges  ?    If  they  are  both  entitled  and 
qualified  to  enjoy  them,  we  can  have  no  hesitation  in 
pronouncing  the  bill  grounded  on  a  wrong  principle,  and 
that  it  ought  to  be  rejected.    But  I  do  not  consider  the 
subject  in  this  light.    The  people  are,  in  my  opinion, 
unprepared  for,  and  undesirous  of,  exercising  the  elective 
franchise.    The  first  object  of  the  Government  is  to  hold 
the  country.     How?    By  protecting  the  people  in  all 
their  rights,  and  by  administering  the  Government  in 
such  a  manner  as  to  prevent  any  disagreement  among 
them — to  use  no  other  term.    Suppose  the  people  called 


1804.] 


DEBATES   IN   CONGRESS. 


41 


upon  to  choose  those  who  are  to  make  laws  for  them- 
selves, does  the  information  we  possess  justify  the  belief 
that  this  privilege  could  be  so  exercised  as  to  conduce  to 
the  peace,  happiness  and  tranquillity  of  the  country  ?  I 
apprehend  not. 

"  According  to  this  bill,  the  Governor  and  Council 
are  to  make  the  laws.  Suppoir  j  the  Council  is  in  session 
and  the  Governor  possesses  no  power  to  prorogue 
them.  Suppose  they  should  engage  in  acts  subvei-sive 
of  thjeir  relation  to  tht  United  States,  would  not  this 
power  be  of  essential  utility  ?  It  appears  to  me  indis- 
pensably necessary  that  a  vein  of  authority  should  ascend 
to  the  Government  of  the  United  States,  until  the  people 
of  the  territory  are  admitted  to  the  full  enjoymfent  of 
State  rights.  From  that  knowledge  of  this  people  which 
I  have  been  able  t<^  acquire,  I  have  formed  an  opinion 
tliat  authority  should  be  constantly  exercised  over  them, 
without  severity,  but  in  such  a  manner  as  to  secure  the 
rights  of  the  United  States  and  the  peace  of  the  country. 

"  The  government  laid  down  in  this  bill  is  certainly  a 
new  thing  in  the  United  States ;  but  the  people  of  that 
country  differ  materially  from  the  citizens  of  the  United 
States.  I  speak  of  the  character  of  the  people  at  the 
present  time.  When  they  shall  be  better  acquainted 
with  the  principles  of  our  Government,  and  shall  have 
been  desirous  of  participating  in  our  privileges,  it  will 
be  full  time  to  extend  to  them  the  elective  franchise. 
Have  not  the  House  been  informed  from  an  authentic 
source,  since  the  cession,  that  the  provisions  of  our  insti- 
tutions are  inapplicable  to  them  ?  If  so,  why  attempt, 
in  pursuit  of  a  vain  theory,  to  extend  political  institu- 
tions to  them  for  which  they  are  not  prepared  ?  I  am 
one  of  those  who  believe  that  the  principles  of  civil 
liberty  cannot  suddenly  be  engrafted  on  a  people  ac- 
customed to  a  regime  of  a  directly  opposite  hue.    The 


42 


DEBATES   IN   CONGRESS. 


[1804. 


;<"■■ ,. 


»'^i.j- : 


fly'-"'  ■•;.■ 


.'I  ■■. ; • 


4^ 


1.: 


'11 


approach  of  siicli  a  people  to  lil)erty  must  be  gradual.  I 
believe  them  at  present  totally  unqualified  to  exercise  it. 
If  this  opinion  be  eiToneous,  then  the  principles  of  this 
bill  are  unfounded ;  if,  on  the  contrar}',  this  opinion  is 
sound,  it  results  that  neither  the  power  given  to  tho 
President  to  appoint  the  members  of  the  Council,  nor 
to  the  Governor  to  prorogue  them,  are  unsafe,  or  un- 
necessary. 

"  The  extension  of  the  elective  franchise  may  be  con- 
sidered by  the  people  of  Louisiana  a  burden  instead  of 
a  benefit.  I  have  understood  that  there  is  none  of  that 
equality  among  them  which  exists  in  the  United  States ; 
grades  are  there  more  highly  marked,  and  they  may  deem 
it  rather  a  matter  of  oppression  to  extend  to  them  the 
privilege  which  we  deem  inestimable,  and  with  the 
value  of  which  we  have  been  long  ^miliar. 

"  Before  we  decide  this  principle,  it  is  absolutely  nec- 
essary to  consider  the  relation  of  these  people  to  the 
United  States.  I  consider  them  as  standing  in  nearly 
the  same  relation  to  us  as  if  they  were  a  conquered 
country.  By  the  treaty  they  are,  it  is  true,  entitled  to 
the  enjoyment  of  all  the  rights,  advantages  and  immu- 
nities of  citizens  of  the  United  States,  and  to  be  incor- 
porated into  the  Union  as  soon  as  possible,  according  to 
the  principles  of  the  Federal  Constitution — but  can  they 
be  admitted  now  ?  Are  they  at  this  moment  so  admitted  ? 
If  not,  they  are  not  entitled  to  these  rights ;  but  if  they 
were,  I  should  doubt  the  propriety  of  extending  to  them 
what  might  be  misused. 

"  It  is  very  natural  and  honorable  to  gentlemen  of 
liberal  minds  to  be  desirous  of  extending  to  these  people 
the  privilege  enjoyed  by  our  own  citizens ;  but  sentiments 
of  this  kind,  however  liberal  and  praiseworthy,  may  be 
canied  in  the  face  of  facts,  and  may  operate  injuriously 
on  those  they  are  intended  to  benefit.    Upon  the  whole, 


Mi  ■; 


1804.] 


DEBATES   FN    CONOBEtiS. 


43 


as  the  bill  only  purports  to  provide  for  a  temporary 
government,  and  as,  in  the  course  of  «  year,  we  shall  have 
more  information  respecting  the  country,  when  it  will  he 
in  our  power,  in  case  such  information  shall  justify  it,  to 
extend  all  the  privileges  which  gentlemen  seem  so  de- 
sirous to  grant,  I  hope  the  Committee  will  not  agree  to 
strike  out  this  section." 

Mr.  Lyon  said  in  reply,  that  the  bill  contained  many 
traits  which  were  exceedingly  disgusting  to  him.  "I 
think,"  he  continued,  "  that  these  people  have  a  right,  by 
nature  and  by  treaty,  to  have  some  concern  in  their  own 
government;  and  although  they  may  not  be  entirely 
qualified  for  self-government,  and  we  may  not  be  ^villing 
to  put  them  on  the  same  footing  with  the  people  of  a 
tree  and  independent  state,  I  know  of  no  reasons  why  thoy 
may  not  be  allowed,  by  their  representatives,  to  come  be- 
fore the  Governor  in  an  organized  way,  with  an  expres- 
sion of  their  wishes  and  of  their  wantb,  and  to  propose 
for  his  adoption  laws  which  they  may  think  fitting  and 
salutary  for  tbeir  country.  I  am  not  ready  to  say  with 
Mr.  Leib,  the  gentleman  from  Pennsylvania,  that  I  wisli 
to  take  from  the  Governor  the  power  of  convening  and 
proroguing  the  Legislative  Assembly  or  Council.  I  am 
willing,  for  the  present,  that  he  should  have  that  power, 
as  well  as  an  unqualified  negative  on  their  bills.  Li-that 
case,  how  can  the  representatives  of  that  people  injure 
our  government  ?  It  is  the  business  of  the  Governor, 
appointed  by  the  President,  to  watch  over  them  for  the 
interest  of  the  nation.  His  power  will  be  ample  for  the 
protection  of  that  interest.  When  they  ask  his  assent 
to  those  things  that  are  fitting  and  proper,  he  will  give 
it,  I  hope;  when  they  ask  it  for  those  things  which  are 
not  fitting  or  proper,  he  will,  no  doubt,  refiise  it ;  and 
if  they  should  at  any  time  become  troublesome,  he  will 
prorogue  them,  and  tell  them  to  go  home  about  their 


hi 


i 


f 


■'■•  i'' 

:  I' 

f 

■"ir-. 


"V. 


:*ii?f']h. 

'''•"'■■■  fit.' 


■,"■  !| ' 
il.';fr;''    ■Tl;i 


r 


.("?•  ■■„ 


Ml.!) 


!,';  .;«; 

*-♦>; 


l:-^l: 


^i 


t- 


4^ 


DEBATES   IN   CONGRESS. 


[1804. 


business.  I  cannot  refuse  these  people  tlie  humble  boon, 
the  pitiful  specimen  of  liberty  which  consists  in  laying 
before  the  Governor,  by  their  representatives,  for  his 
consent,  the  bills  they  wish  passed  into  laws  for  their 
local  accommodation  and  for  their  satisfaction  with  re- 
spect to  their  rights  and  their  property ;  neither  would 
I  mock  their  feelings  by  a  Legislative  Council  appointed 
by  the  President.  I  do  not  think  it  fits  his  character. 
How  is  he  to  divine  who  it  is  best  to  appoint  ?  I  would 
as  soon  compliment  Bonaparte  with  that  power.  I  dare 
say  he  is  better  acquainted  with  the  people  there.  But 
the  gentleman  from  Massachusetts  seems  to  think  these 
people  are  not  desirous  of  exercising  the  power  of  elect- 
ing their  Legislative  representatives.  If  that  is  the  case, 
do  we  not  owe  something  on  this  score  to  principle — to 
consistency — to  the  national  honor  pledged  by  treaty  ? 
If  there  is  danger  on  that  score  (which  I  am  pretty  cer- 
tain there  is  not),  let  the  government  b^  so  organized 
that  it  can  go  on  without  the  representatives  of  those 
districts  who  neglect  or  reluse  to  elect." 

"  But  the  most  ludicrous  idea  I  have  heard  expressed 
on  the  subject  is,  that  these  people  must  be  kept  in  sla- 
very until  they  are  taught  to  think  and  behave  like  free- 
men. Establish  the  government  proposed,  it  is  said,  and 
let  tbem  learn  under  that  to  enjoy  the  rights  and  benefits 
of  fi'eemen.  I  wonder  how  much  longer  this  probation- 
ary slavery  it  to  last,  in  order  to  bring  about  the  pur- 
pose proposed  ?  For  my  part,  I  believe  they  have  had 
it  longer  than  has  done  them  any  good.  I  really  wish 
to  know  how  much  longer  this  apprenticeship  is  to 
continue,  and  what  are  the  symptoms  by  which  we  are 
to  know  when  slaves  are  fitted  to  be  freemen." 

Mr.  Lucas  seemed  to  have  taken  up  the  strange  idea 
that  the  United  States  were  bound  by  the  treaty  of  ces- 
sion, only  to  secure  to  the  people  of  Louisiana  as  large  a 


'f 


1804.] 


DEBATES   IN  CONGRESS. 


45 


portion  of  liberty,  and  as  full  an  enjoyment  of  their 
rights,  as  they  would  have  been  permitted  to  possess, 
had  they  remained  under  the  Government  of  France  or 
Spain.  "  But  the  United  States,"  he  said,  "  had  done 
more  than  they  were  bound.  For  instance,  the  privi- 
lege of  the  Habeas  Corpus  had  been  extended  to  the  in- 
habitants of  the  Territory — a  privilege  which  they  had 
never  possessed  when  they  were  connected  either  with 
France  or  Spain.  An  argument  was  drawn  from  the 
treaty,  that  these  people  are  to  be  admitted  to  the  absolute 
enjoyment  of  the  rights  of  citizens ;  but .  gentlemen 
would  not  deny  that  the  time  when^  and  the  circumstan' 
ces  under  which  this  provision  of  the  treat}^  was  to  be 
carried  into  effect,  were  submitted  to  the  decision  of 
Congress.  It  has  been  remarked,  that  this  bill  estab- 
lishes elementary  principles  of  government  never  previ- 
ously introduced  in  the  organization  of  any  Territory  of 
the  United  States.  Granting  the  truth  of  this  observa- 
tion, it  must  be  allowed  that  the  United  States  had  never 
had  devolved  upon  them  the  obligation  of  making  pro- 
vision for  the  government  of  any  people  under  such 
circumstances.  Legislators  must  nbt  rest  on  theory, 
but  must  raise  their  political  structures  on  tlie  basis  of 
the  moral  and  intell^  tual  state  of  the  people  for  whom 
they  are  to  be  made.  He  did  not  wish  to  reflect  on  the  in- 
habitants of  Loui3iana,  but  he  would  say  that  they  were  not 
prepared  for  a  government  like  that  of  the  United  States. 
They  had  been  governed  by  Spanish  officers,  exercising 
authority  according  to  their  whim,  which  was  supported 
by  military  force,  and  it  could  not  be  maintained  that 
a  people  thus  inured  to  despotism  were  prepared  on  a 
sudden  to  receive  the  principles  of  our  government.  It 
was  questionable  whether  there  was  in  Europe  a  nation 
to  whom  these  principles  would  be  so  advantageous  as 
they  were  to  us.  „    .,  .      , .    ..      ., 


m 


46 


DEBATES  IN   GONOBESS. 


[1804. 


i''.'";'  •:.:; 


.1r-li 


.«»:(f 


:  ■■•«H 


"  It  shotild  be  recollected  by  gentlemen  wlio  so  stren- 
uously advocated  the  abstract  principle  of  right,  that 
the  people  of  Louisiana  had  not  been  consulted  in  the 
act  of  cession  to  this  country,  but  had  been  transferred  by 
a  bargain  made  over  their  heads.  As  a  proof  that  this 
act  had  not  been  received  with  approbation  by  them,  It 
must  be  borne  in  mind,  that^  when  they  saw  the  American 
flag  hoisted  in  the  room  of  the  French,  vhey  shed  tears. 
Was  it  not  a  proof  that  they  were  not  so  friendly  to  our 
government  as  some  gentlemen  imagined  ?  He  was  per- 
suaded that  the  people  of  the  Mississippi  Territory 
would  not  have  acted  in  this  manner.  There  is  no  doubt 
but  that  after  they  shall  have  experienced  the  blessings 
of  a  free  government,  they  will  wonder  at  their  having 
shed  tears  on  this  occasion ;  but  they  must,  in  the  first 
instance,  feel  those  blessings." 

Mr.  Macon's  first  objection  to  the  bill  was,  that  it  cre- 
ated a  species  of  government  unknown-to  the  laws  of 
the  United  States.  "  I  believe,"  he  added,  "  that  the 
territorial  government,  as  established  by  the  ordinance 
of  the  old  Congress,  is  the  best  adapted  to  the  circum- 
stances of  the  people  of  Louisiana,  and  that  it  may  be  so 
modified  as  best  to  promote  their  convenience.  The 
people  residing  in  the  Mississippi  Territory  are  now  un- 
der this  kind  of  government.  Is  it  not  likely  that  the 
people  of  Louisiana  will  expect  the  same  form  of  govern- 
ment and  laws  with  their  neighbors ;  and  is  it  not  de- 
sirable for  the  general  peace  and  happiness  that  there 
should  be  a  correspondence  between  them  ?  If  they  are  as 
ignorant  as  some  gentlemen  represent  them  (and  of  this 
I  know  nothing),  will  they  not  expect  the  same  grade 
of  government  with  the  inhabitants  of  the  Mississippi 
Territory,  with  whom  they  will  have  a  constant  inter- 
course ?  Although  the  Mississippians  lived  previously 
under  the  Spanish  Government,  when  formed  into  a  Ter- 


:t.!' 


a 


1804.] 


DEBATES   m   OONGBESS. 


4r 


ritory,  no  inconvenience  resulted  from  having  granted  to 
them  the  privileges  which  we  desire  to  extend  to  Louisi- 
It  is  said,  in  reply  to  this  observation,  that  a  large 


ana. 


number  of  inhabitants  of  that  Territory  were  Americans. 
It  is  true  that  many  of  them  were  native  Americans, 
but  some  also  were  Spanish.  . 

"  The  simple  question  is,  what  kind  of  government  is 
better  fitted  to  this  people  ?  It  is  extremely  difficult  to 
legislate  for  a  people  with  who^e  habits  and  customs  we 
are  unacquainted.  I,  for  one,  declare  myself  unacquainted 
with  them ;  nor  would  I,  in  fixing  the  government,  un- 
less for  the  safety  of  the  Union,  do  an  act  capable  of 
disgusting  the  people  for  whom  it  is  adopted.  It  will 
be  a  good  policy  to  avoid  whatever  is  calculated  to  dis- 
gust them.  My  opinion  is  that  they  will  be  better 
satisfied  with  an  old-established  form  of  government, 
than  with  a  new  one.  Why  ?  Because  they  have  seen 
it  established  in  the  adjacent  Territory  of  Mississippi, 
and  know  the  manner  in  which  it  operates.  If  there 
are  bad  men  in  Louisiana,  will  anything  be  more  easy 
than  to  disgust  the  people  against  the  General  Govern- 
ment, by  showing  that  they  have  given  one  kind  of  gov- 
ernment to  the  people  of  the  Mississippi  Territory,  and 
a  different  kind  to  them  ?  In  my  mind,  it  is  souna  policy 
to  give  them  no  cause  of  complaint.  We  oughl;  to  show 
them  that  we  consider  them  one  people." 

Mr.  Campbell  was  very  energetic  in  his  denunciations 
of  the  bill.  "  On  examination,"  said  he, "  it  will  appear 
that  it  really  establishes  a  complete  despotism ;  that  it 
does  not  evince  a  single  trait  of  liberty ;  that  it  does  not 
confer  one  single  right  to  which  they  are  entitled  under 
the  treaty ;  that  it  does  not  extend  to  them  the  benefits 
of  the  Federal  Constitution,  or  declare  when,  hereafter, 
they  shall  receive  them.  I  believe  it  will,  on  investi- 
gation, be  found  difiScult  to  aepai'ate  liberty  from  the 


H 


;  f:m 


ft"«?V 


^. ::  h 

.    1   ■■ 
"    ■'!"■.„ 

'il  -ff  . 

;.;;■';. 

Li  '•'■  -tr-  fl. 
mi    ' 

;.r  "■  'if  ■i' I,,  if 

'•  '■ .  •  ■■  ,it,»(ii, 

•  ■•    £  .i. 

I.--  ■•,{  iji' 

.".••'••■.  I'. 

•,.'•  "  •. ,  •'  "' 


,  •■"»'  .:1» 


.Ly:.'":-!.;::;!!. 

f'   ■:«■  ;;■•■!'■ 
»•■  ■  .''^,  •«."■■•'■ 

1^;  ,.'^  •  ^-^ 


•ir-'  " 


48 


DEBATES   IN  CONGREGS. 


[1804. 


right  of  self-government ;  and  hence  arises  the  question 
now  to  be  decided,  whether  we  shall  countenance  the 
principle  of  governing  by  despotic  systems  of  govern- 
ment, or  support  the  principle  that  they  are  entitled  to 
be  governed  by  laws  made  by  themselves,  and  to  ex- 
pect that  they  shall,  in  due  time,  receive  all  the  benefits 
of  citizens  of  the  United  States  under  the  Constitution. 

"By  section  4,  all  legislative  power  is  vested  in  a 
Governor  an4  thirteen  '  Councilors  appointed  by  the 
President.  The  people  have  no  share  in  their  choice. 
The .  members  of  the  Council  are  only  to  aid  the  Gov- 
ernor; they  have  no  right  to  make  laws  themselves. 
The  words  of  the  section  are  : 

" '  T/i€  Governor^  hy  and  with  the  advice  and  consent  of 
80 id  LegislaiivG  Council^  or  of  a  majority  of  tliem,  shall 
have  power  to  alter,  modify,  or  repeal  the  laws  which 
may  he  in  forco  at  ilie  ^^^mmencement  of  this  acV 

"  That  is,  the  Governor  makes  the  laws  by  and  with 
the  advice  of  the  Council.  They  are  not  to  deliberate 
on  what  shall  be  law;  but  he,  like  some  ancient  po- 
tentates, is  to  suggest  to  them  what,  in  his  opinion,  is 
proper  to  be  law.  This  it?  the  proper  construction  of 
this  section,  or  I  do  not  understand  it.  He  is  to  make ; 
tJiey  are  not  to  make  the  la^^s,  and  submit  them  for  his 
approbation.  He  makes  them,  and  asks  his  creatures 
whether  they  will  agree  or  not  to  them.  I  hope  that 
we  are  not  prepared  to  establish  such  a  system  as  this. 

"  If  then  the  proposed  system  be  despotic,  it  is  proper 
in  the  next  place  to  inquire  why  it  is  erected  over  the 
people  of  Louisiana  ?  Is  their  condition  such  as  not  to 
qualify  them  for  the  enjoyment  of  any  of  the  blessings 
of  liberty  ?  Are  they  blind  to  the  difference  between 
liberty  and  slavery  ?  Ai*e  they  insensible  to  the  differ- 
ence of  laws  made  by  themselves,  and  of  laws  made  by 
others  ?    "VTc  have  no  evidence  that  this  is  the  case.    If 


^/j' 


\\.-f  '•> 


1, 


1804] 


DEBATES   m   CONGRESS. 


49 


We  retrace  tlie  progress  of  liberty  among  otter  nations, 
I  would  ask  gentlemen  wbere  they  find  reason  for  the 
opinion  that  the  people  of  Louisiana  are  unfitted  for  the 
enjoyment  of  its  blessings  ?    They  will  find  that  it  has, 
in  many  cases,  arisen  among  people  far  less  enlightened. 
1  trust,  therefore,  we  shall  not  determine  that,  because 
ihe  people  of  that  country  have  not  investigated  the 
fall  vabie  of  free  government,  they  are  not  qualified  to 
enjoy  any  freedom.     I  ask  gentlemen  to  point  out, 
when  they  talk  of  the  abuse  of  th^  elective  franchise,  a 
solitary  instance  where  th«  people  have  abused  the 
rights  they  acquired  undei*  it.    They  will  find  it  hard 
to  point  one.     Whereas  I  ask  them  for  a  single  instance, 
in  the  annals  of  mankind,  where  despotism  has  not 
been  abused.    This  they  will  find  it  difficult  to  adduce. 
One  principle  cannot  be  denied :  when  power  is  vested 
in  the  people,  they  exercise  it  for  their  own  benefit,  and 
to  the  best  of  their  skill.    They  have  no  object  in  abus- 
ing it;  for  they  are  to  be  the  first  \'ictims  of  its  im- 
proper exercise.    I  ask  them,  where  is  the  danger  of 
placing  in  the  hands  of  the  people  the  light  of  choosing 
those  who  are  to  regulate  their  own  internal  concerns  ? 
Surely,  when  gentlemen  depicted  the  great  danger  of 
this  investiture  of  power,  they  did  not  consider  that  the 
very  act  before  us  subjects  all  laws  to  the  control  of 
Congress,  and  that  in  all  cases  wherein  Congress  shall 
negative  them,  they  will  have  no  validity.     Where, 
then,  is  the  danger  ?     Will  it  be  injurioufi  to  the  United 
States  that  the  Legislature  of  the  territory,  chosen  by  the 
people,  should  make  laws  for  their  own  accommodation, 
without  prejudice  to  the  Union?    It  cannot.    I  feel 
surprised  when  I  hear  gentlemen  say,  '  We  ought  to  be 
cautious  in  giving  power,  lest  it  sl^ould  be  used  in  oppo- 
sition to  the  interests  of  the  Union.'.   How  can  this  be, 
when  this  Government  has  the  appointment  of  all  the 

.i 


•   ill*   <  ' 


m 


DEBATES   IS  C0170RBSS. 


1' '"  ' 


■5  '"^ii'ii  ■*■ 

m-^  ■ 

■    '•<•  '•L       " 

*.  V   1.  ■;'■  • 


'lull 


l,t 


!•  I..  I|:   , 
••    ••  '  (     ' 

V  .    .'     •!•  il    , 
■•*,"■,•"'■  II' 

;•  J  ."*••'."!.,  '''  ' 

p:  t'l-  If;  i  ■ 

[■•-  .ifwl.j,  ' 
I  .  ■■.|»'  in'"'/il    ■ 

mm' 

f    ;■;;;  ;?"fe:  • 


y    i  .^ 


R' 


[1804. 


officers,  and  particularly  the  Governor  and  judges,  and 
whea  to  the  Legislature  is  only  confided  the  manage- 
ment of  internal  concerns,  when  they  have  no  authority 
to  form  connections  with  foreign  powers,  or  to  form  any 
coalition  with  their  neighbors,  in  opposition  to  the 
measures  of  the  General  Government  ?  If  the  people 
are  already  hostile  to  the  United  States,  it  is  evident 
that  it  is  not  the  severity  of  despotism  that  will  make 
them  friendly.  I  ask,  how  are  we  to  account  for  this 
change  in  our  deportment  toward  them  ?  Not  long  since, 
these  people  were  congratulated  on  their  releasement  from 
a  despotic  government,  and  were  invited  into  the  arms 
of  a  government  ready  to  extend  to  them  all  the  bless- 
ings of  self-government.  Now,  we  are  about  to  damp 
all  theii'  hopes,  and  to  send  forth  a  few  creatures  to  lash 
them  with  despotism  and  to  make  all  their  laws.  We 
go  farther.  .  We  do  not  even  hold  forth  the  idea  that, 
on  a  future  day,  they  shall  make  their  own  laws. .  Our 
language  is,  if,  notwithstanding  the  despotism  we  extend 
over  you,  you  patiently  bear  yom*  chains  like  good  sub- 
jects, we  may  withdraw  them,  and  let  you  govern  your- 
selves. If  this  is  not  the  language  of  gentlemen,  I  do 
not  comprehend  it. 

"  It  is  stated  by  a  gentleman  from  Massachusetts  (Mr. 
Eustis)  that  it  is  difficult  to  form  a  government  for  such 
a  people ;  and  that  it  is  necessary  previously  to  consider 
the  habits  and  manners  of  the  people  to  be  governed. 
I  am  sorry,  at  this  enlightened  day  of  the  world,  to  hear 
arguments  in  favor  of  despotism,  so  often  used  before. 
How  does  a  despot  govern  his  subjects^  He  tells  them 
and  makes  them  believe  that  they  are  ignorant,  and 
unqualified  to  govern  themselves.  Considering  their 
ignorance,  he  tells  them  he  does  them  a  favor  by  govera- 
ing  them,  and  that.they  have  nothing  to  do  but  to  obey. 
This  is  the  doctrine  on  which  monarchy  and  despotism 


'  K^r 


1804.] 


DEBATES   IS   CONGRESS. 


51 


rose.  In  pj;oportion  as  it  prevails,  despotistn  prevails; 
and  in  proportion  as  it  is  destroyed,  the  principle  of  lib- 
erty prevails.  Let  us  not  say  that  the  people  are  too 
ignorant  to  govern  themselves.  No,  give  them  an  op- 
portunity, and  they  will  acquire  knowledge,  at  least 
"sufficient  to  make  a  proper  choice  of  those  best  qualified 
to  superintend  .their  public  concerns.  This  will  act  as  a 
stimulus  to  those  who  expect  to  be  chosen,  to  make  them- 
selves qualified.  Tut  I  never  knew  before  this  day,  that 
tor  a  people  to  be  fit  for  the  enjoyment  of  liberty,  they 
mus+,  for  a  certain  time,  be  under  the  scourge  of  despot- 
ism. »' 
"Th«  same  gentleman  inquires.  In  case  the  elective 
fi'aiic^ise  shall  be  withheld,  what  hold  have  we  on  the 
people  of  Louisiana  ?  This  inquiry  is  readily  Answered. 
We  shall  have  power  to  repeal  all  laws  they  make ;  and 
a  governor  appointed  by  us  will  have  the  nomination  of 
all  militarj'  and  civil  ofRcers  who  administer  the  govern- 
ment. If  this  is  not  a  hold  tfnd  a  check  upon  them,  I 
know  not  what  it  is.  "While  examining  this  point,  it 
may  not  be  improper  to  inquire  what  is  the  best  way  of 
making  these  people  most  attached  to  the  United  States ; 
and  whether  that  end  will  be  answered  by  denying  them 
ail  liberty,  and  by  making  a  radical  difference  between 
their  government  and  that  of  territories  similarly  situ- 
ated with  themselves  ?  Let  me  for  once  observe,  that  it 
is  the  true  policy  of  this  Government  to  conciliate  the 
people  to  us,  to  our  manners  and  'laws,  to  show  them 
that,  considering  them  as  a  part  of  the  Union,  they  have 
the  right  to  expect  the  enjoyment  of  privileges  unknown 
to  them  before,  instead  of  diMappointing  their  hopes  and 
compelling  them  to  serve  a  long  quarantine  before  they 
are  admitted  to  a  particip9,tion  of  those  right^  which -we 
ourselves  x)088ess.  '"'*''•'  ' 
'"It  has  been  intimated  that  these  people  are  unfit  to 


ilt'^^tl^  ".'>•«•  ir-w  tr 


'<. 


69 


DEBATES   m   COyOBESS. 


[1804. 


;■  :i 


Hf" 


<!,.!?: 


i  ,     i-!«     ■■    ■'•■I 

!.'-.<iV....t  ! 

■  mw 

•  V   •»•   •■   .  ■■     f- 


|f:.  *:.:- 

i;             t  l^"^' 

!!:.  .'.. 

h 

■  i 

': 

'  i' : 

..    . 
■  r   -^ 

i 

II.'': 

■I; 


govern  themselves;  but  I  am  acquainted  with  no  in- 
formation that  warrants  this  inference.  I  believe  that 
information  of  a  diiferont  nature  derived  from  other 
gentlemen  is  n^ore  to  be  relied  on,  because  those  who 
give  it  are  better  informed.  As  to  their  interests,  I  can- 
not conceive  what  can  have  rendered  them  so  diflferent 
from  those  of  the  Mississippi  Territory.  They  Avere 
once  the  same  people  and  under  the  same  government, 
and  they  cannot  have  since  become  unfit  for  self-govern- 
ment. The  best  information  assures  me  that  a  consider- 
able proportion  of  the  population  is  composed  of  Amer- 
ican citizens,  amounting,  perhaps,  to  one-fourth  or  one- 
fifth  of  the  whole.  There  are  in  it,  also,  many  British 
subjects,  not  so  ignorant  as  to  be  entirely  insensible  to 
the  benefits  of  a  free  government. 

"Is  there,  too,  anything  in  the  Spanish  Government 
whose  effects  are  so  degrading  as  to  disqualify  a  man 
from  enjoying  freedom  ?  If  this  were  the  case,  it  would 
have  been  an  argument  against  accepting  the  countiy  at 
all.  Have  we  not,  however,  understood  that  this  great 
measure  has  been  effected  with  a  double  view  of  accom- 
modating the  United  States,  and  benefiting  the  people 
of  Louisiana,  by  eirtending  to  them  the  advantages  of  a 
free  government  ?  Shall  wq  consider  ourselves  at  liberty 
to  barter  them,  to  view  them  as  cattle,  and  govern  them 
as  such  ?    I  hope  not. 

"  One  idcL  relied  on  by  gentlemen  is  worthy  of  notice. 
It  takes  for  gi'anted  that  the  people  do  not  wish  for  a 
free  government.  I  ask  gentlemen  if  they  are  really 
st^it^us  in  this  remark ?  If  they  are,  the  argument  will 
\  ;:.clusive  in  giving  them,  if  they  choose,  an  absolute 
(itiopotism.  In  that  case,  if  we  knew  it  were  the  desire 
of  the  people  to  have  a  king,  whatever  might  have  been 
our  opinions  of  the  benefits  of  liberty,  it  would  be  our 
duty  to  give  them  one.    Gentlemwi  cannot  think  so,  nor 


1804.] 


DEBATES   IN   CONOBESB. 


53 


would  they  suffer  tlie  United  States  to  degrade  their 
character  by  such  an  act.  I  conceive  the  United  States 
bound  to  give  them  a  republican  form  of  government, 
and  to  consider,  therefore,  not  what  they  may  desire,  but 
what  will  suit  their  ultimate  interest,  while  it  promotes 
the  interest  of  America  at  large.  One  gentleman  ob- 
serves that  we  ought  to  consider  the  people  of  Lbuisiana 
as  totally  distinct  from,  and  as  not  possessed  of  any  sim- 
ilar habits  with  ourselves.  I  tnist,  however,  we  shall  con- 
fylder  them  as  a  part  of  the  human  species.  I  believe  the 
gentleman  will  find  the  human  character  the  same  in  dif- 
ferent parts  of  the  globe.  If  this  principle  had  been 
pursued,  liberty  had  never  flourished ;  if  the  people  had 
never  enjoyed  liberty  till  they  v/ere  ripe  for  it,  how  many 
ages  of  darkness  would  have  passed  away?  But  the 
fact  is,  the  people  suffer  oppression  to  an  astonishing 
degree — despotism  grinds-  them  till  human  nature  can 
endure  no  more,  and  then  they  break  their  chains  in  a 
revolt.  I  therefore  can  see  no  force  in  the  argument  of 
waiting  till  they  are  ripe  for  liberty.  How  ripe  'i  If 
they  have  never  tasted  its  benefits,  how  can  they  know 
them  ?  I  trust,  therefore,  that  we  shall  extend  to  them 
the  same  rights  as  are  enjoyed  by  the  other  Teriitories, 
and  that  it  shall  not  be  said  that  we  have  met  to  make 
laws  for  a  people  whom  we  have  called  our  friends  and 
brothers,  different  from  the  laws  which  we  have  made 
for  ourselves."  * 

Mr.  Jackson  succeeded  Mr.  Campbell  on  the  floor,  and 
was  proceeding  to  attack  the  bill  on  the  same  grounds 
with  his  predeieessors  on  his  side  of  the  question,  and  was 
objecting  "to  certain  injurious  reflections  cast  on  the  peo- 
ple of  Louisiana  by  Huger  of  South  Carolina,  who  had 
intimated  that,  in  his  opinion,  the  Louisianians  were 
no  better  than  negroes,  and  consequently  were  to  be 
treated  as  that  degraded  race,  when  he  was  interrupted  by 


->.  -'  .xiiliK- 


i- 


H 


DEBATES  IX   OOKGBESS. 


[1804. 


»■'.      ■■■•v?r.» 

;    i     I  m  1 

P'f"'  ■''  ]}■■  4 

■(i     .V''=   V'l' 

■ "  i).J  ■  '!• 
i  ■'*'■-  'h, 

J  ■*-»;; 

'       ■  I'    :'  '  ■]•' 


''f! 


Mr.  Huger,  who  explained  that  his  raeauing  was  not  such 
as  the  gentleman's  language  implied,  and  declared  that  he 
had  spoken  barely  by  way  of  comparison,  to  show  that 
nothing  was  more  dangerous  than  to  pass  from  the  ex- 
treme of  slavery  to  perfect  liberty. 

"  I  will  not  pretend  to  say, "  resumed  Mr.  Jackson,  *^that 
I  accurately  comprehend  the  meaning  of  the  gentleman. 
His  words  were :  they  ought  to  be  looJced  upon  as  a  cei'tam 
portion  of  people  among  vs  and  treated  as  such.  If  he 
did  not  allude  to  slaves,  I  do  not  know  to  whom  he  did 
allude.  But  as  he  says  he  did  not  allude  to  them,  I  will 
avoid  an}'  remark  that  ma}^  implicate  him  in  such  an 
allusion." 

When  Mr.  Jackson  took  his  seat,  up  started  Mr.  Hol- 
land. "  Gentlemen  maintain,"  he  said,  "  tnat  if  tve  deny 
the  people  of  Louisiana  the  right  of  self-government,  we 
deny  them  everything.  But  before  they  are  permitted 
to  make  laws,  ought  they  not  to  understand  what  law 
is?  If  we  give  power  to  these  people,  will  they,  not 
choose  persons  as  ignorant  as  themselves  ?  It  is  a  fact 
that  many  of  the  most  respectable  characters  in  Louisi- 
ana conceive  the  principle  of  self-government  a  mere  bub- 
ble, and  they  will  not  consider  themselves  aggrieved  if 
it  is  not  extended  to  them.  Does  the  history  of  nations 
show  that  all  men  are  capable  of  self-government  ?  No 
such  thing.  It  shows  that  none  but  an  enlightened  and 
virtuous  people  are  capable  of  it ;  and  if  the  people  of 
Louisiana  are  not  sufficiently  enlightened,  they  are  not 
prepared  to  receive  it.  For  what  are  they  prepared  ? 
To  remain  in  a  passive  state,  and  to  receive  the  blessings 
of  good  laws ;  and  receiving  th  >':o,  they  have  no  reason 
to  complain." 

Many  more  members  of  the  House  of  Representatives 
than  those  whose  names  are  here  mentioned  took  their 
shai-e  in  these  debates.    The  subject  was  also  fuljy  dis- 


lll 


1804.] 


BEFLEOTIONS  OV  THE  t>EBATE8. 


65 


cussed  in  the  Senate,  and  Congress,  after  the  most 
lengthy  deliberations,  voted  by  a  large  majority  for  the 
passage  of  the  bill,  which,  however,  had  been  strongly 
opposed  in  that  body,  and  with  as  vehement  language 
as  could  be  desired  by  the  Lor.isianians,  to  whom  it  was 
so  objectionable. 

These  debates,  and  their  final  result,  it  must  be  admitted, 
were  of  a  character  to  wound  deeply  the  just  suscepti- 
bilities of  the  people  of  Louisiana,  and  to  keep  up  that 
excitement  of  which  I  have  already  related  some  of  the 
baleful  effects.  Hug€fr,  of  South  Carolina,  a  gentleman 
of  French  descent,  had  been  understood  to  say  on  the 
floor  of  the  Capitol,  notwithstanding  his  subsequent  ex- 
planations of  a  retractive  nature,  that  the  French  of 
Louisiana  were  hardly  above  the  standard  of  a  certain 
portion  of  the  population  of  the  United  States,  which 
.  was,  with  propriety,  deprived  of  all  political  rights. 
Another,  without  going  so  far,  had  said  that  they  ought 
to  be  treated  as  a  conquered  people.  Many  had  main- 
tained that  it  was  impossible  to  suppose  that  a  popula- 
tion long  subjected  to  the  debasing  governments  of 
France  and  Spain  were  fit  subjects  to  be  intrusted  with 
the  dangerous  possiession  of  liberty,  without  a  gradual 
training  and  a  slow  process  of  emancipation.  The  whole 
length  and  breadth  of  the  debate  was  narrowed  down 
to  this  question :  "  Are  the  people  of  Zouisiana  capable 
of  self-government  T'  "  If  they  are,  and  if  we  are  Convinced 
of  it,"  said  the  warmest  advocates  of  the  bill,  "  we  give 
it  up ;  for  we  admit  that  it  establishes  a  form  of  govern- 
ment hitherto  unknown  to  us,  and  at  variance  with 
our  other  institutions.  We  admit  that  it  would  be  an 
infamous  act  of  tyranny  if  applied  to  any  other  people, 
but  we  are  persuaded  that  it  is  demanded  by  the  neces- 
sities of  the  case. ' '  Tljis  was  avowedly  the  basis  on  which 
stood  "  the  biQ  to  organize  the  government  of  the  Territory 


w 


•- 


■4- 


'.  ■4^'^-: 


;t  ■' ' 


-■ ' ''. . 

'  '*  iv  •• 
'■■■    ^M  !'''• 

♦  -'     !  !"• 
-•IT  h- ;,..'' 

^;..  ;,^. 

■>•'■   '      li.:  Ir 

■'f.    ►    T' 
■;■■  '.i^  ..*;'  % 


' ». 


I'  'i 


1 1,"". 


■:>•;■;■,  r'- 
I  ■.'  •■  ■  ■ 

1  •■^'..•■'!.,-. 


U^  :■•■■■  -.;.■• 

' if 


>  ■.  "liV 


ti- 


3-- 

■  \  if. 

■I  ■       r 


^l.;>''% 


i.^ 

*i 

r    • 

'i'*  " 

iii 

'< 

i 

Ml 


REFLECTIONS   ON   TIHS   DEBATES. 


[1804. 


of  Orleans,  and  that  bill,  notwithstanding  the  extraordi- 
nary features  which  it  was  admitted  to  possess,  was 
voted  a  law  by  an  immense  m^ority  in  Congress — which 
law  was  readily  sanctioned  by  the  President  of  the  Uni- 
ted States.  Thus  the  Louisianians,  a  few  months  after 
they  had  been  delivered  to  the  warm  embraces  and 
paternal  protection  of  that  great  Kepublic  which  invited 
all  mankind  to  the  enjoyment  of  liberty,  had  the  intense 
mortification  of  being  branded,  before  the  whole  world, 
with  a  solemn  official  declaration  that  they  were  incapa- 
ble of  self  government — a  declaration  which  derived  an 
additional  humiliating  pungency  from  the  circuuistance 
that  it  was  made  by  a  democratic  Congress,  and  promul- 
gated by  Thomas  Jeflfersou,  that  great  apostle  of  univer- 
sal  liberty,  and  the  immortal  author  of  that  celebrated 
document  in  which  all  men  are  proclaimed  to  be  born 
*  free  and  equal.' " 

These  debates,  of  which  I  have  here  given  a  short 
abridgment,  deserve  to  be  studied  with  care,  and  possess 
much  interest,  particularly  when  taken  in  connection 
with  the  projected  annexation  of  Mexico,  Cuba,  Nica- 
ragua and  other  Territories,  and  with  the  probable  ex- 
pansion of  the  protection,  if  not  of  the  government,  of  the 
United  States,  over  nations  whose  vitality  is  threatened 
with  destruction,  and  who,  it  is  believed,  are  destined 
to  seek  shelter  under  the  strong  eagle  wing  of  their  co- 
lossal neighbor. 

,  It  will  also  be  remarked  that  no  one,  in  those  days, 
seems  to  have  imagined  that  there  could  exist  any  degree 
of  sovereignty,  not  even  squatter  sovereignty,  in  the 
people  of  a  territory  of  the  United  States,  and  that 
the  introduction  and  advocacy  of  a  doctrine  which 
was  destined  in  after  years  to  assume  proportions 
of  great  magnitude  in  the  politics  of  the  country, 
would   then  have  probably  been  looked  upon,  how- 


1804.] 


KEFLECmONB   ON  THE   DEBATES. 


57 


ever  sound  and  correct  it  might  be,  as  nothing  shor^  of 
a  monstrous  heresy. 

Before  dismissing  from  further  consideration  this  bill 
for  the  organization  of  the  ceded  province  of  Louisiana, 
it  may  not  be  improper  to  notice  a  feature  in  it  which 
is  important  in  itself,  but  which  is  entitled  to  still  greater 
importance  from  its  connection  with  a  question  which 
perhaps  overshadows  every  other  on  the  political  map 
of  the  country.  It  is  that  Congress,  in  1804,  when  it 
passod  that  bill,  exercised  the  contested  pcv\'er  of  pre- 
venting the  importation  of  sla  x's  into  terril^ries,  for  it 
regulated,  on  that  memorable  occasion,  the  slave-trade 
between  the  slave  States  and  a  slave  Ten  -tory.  To  give 
that  act  its  due  weight,  one  muot  recollect  tl  t  it  vvas 
sanctioned  by  Thomas  Jefferson,  and  by  that  m  y  which 
had  lately  defeated  the  Federal  party,  and  had  pi'oclain^ed 
itself  pledged  to  a  strict  construction  ( i  x;!  >e  Constitnion, 
and  to  an  uncompromising  opposition  to  the  assumption 
of  powers  not  expressly  delegated  to  the  General  Gov- 
ernment. Should  the  adversaries  of  sla/ery,  as  it  exists 
in  some  of  the  States  of  our  Confederacy,  ever  obtain 
the  ascendency  in  both  Houses  of  Congress,  it  is  prob- 
able that  they  will  attempt  to  legislate  on  the  sliave- 
trade  between  the  States,  and  that  this  act  to  organize 
the  Territory  of  Orleans  in  1804,  will  afford  a  precedent 
of  which  they  will  avail  thf'^selves  with  that  pertinacity 
of  purpose  and  that  fanaticij:  igor  of  intellect  they  have 
ever  displayed  in  assailing  that  institution,  which  the 
South  considers  at.  its  vol  y  life-blood  and  the  indispen- 
sable condition  of  its  existence,  and  also  as  the  very 
breath  and  essence  of  its  prosperity. 


■'X  ;:.^ 


'■*Al'fimk\i   Hm-  .i4«'»   IIW«i^>5f. >-!$»: ' 


fXi^.1 


'"'*  ■. 


1 1        -:'..4. 


■'  - '  '*■   •  '.1 

;,  ,    '  ^W 
"1'   '  •',.• 

fl-1      it     ■!' 

-  if-    rii 


:| 


mm 

r;  ■    .i'  ■  .  .,■■■•' 
!;•■:'■-•'  -,[,••••■■ 


t 


^^r 


>:'.!(' 


r. 


^> 

.M4f»ff  j*B,*i.i  *tf«ltB                ■■  i-ma  hmm^'mm. 

» 

■   •«»    ; 

5^M  - 

.■       »^.: 

•    •  '    ■ 

••■    -3     ■jilJ 

Mrit^- 

' 

•>•     •• 

j,i->rj|.tj^'  -'f 

^^^^         CHAFrEK  n. 

f^H<; 

v|f;fri  i 

'''•VI 

v'i  i^^fil^'^ 

GOVERNOR  CI-ATBORNEd  ADMINISTRATION. 

s;>.}(t*ijtii  <vJt*i 


1805. 


irt^t: 


On  the  4tli  of  January,  1805,  the  petition  of  "the 
merchants,  planters,  and  other  inhabitants  of  Louisiana," 
signed  by  Destr^han,  Sauv6  and  Derbigny,  their  dele- 
gates, had  been  read  and  referred  in  the  Senate  of 
the  United  States.  It  was  an  able  review  of  the  grounds 
upon  which  rested  the  organization  of  the  territorial 
government,  which  w'as  declared  to  be  oppressive  and 
degrading.  "  Misrepresented  and  insulted,"  said  the 
Delegates,  "  it  cannot  be  deemed  improper  to  show  how 
groundless  *  are  the  calumnies  which  represent  us  in  a 
state  of  degradation,  unfit  to  receive  the  boon  of  freedom. 
How  far  any  supposed  incapadity  to  direct  the  affairs 
of  our  own  country  would  release  the  United  States  from 
their  obligation  to  confer  upon  us  the  rights  of  citizen- 
ship, or  upon  what  principle  they  are  to  become  the 
judges  of  that  capacity,  might,  we  believe,  fairly  be 
questioned ,  for  we  have  surely  become  not  less  fit  for 
the  task  since  the  signature  of  the  treaty  than  we  were 
before  that  period  •  and  that  no  such  incapacity  was  then 
supposed  to  exist,  is  evident  from  the  terms  of  thait  in- 
strument, which  declares  that  we  are  to  be  admitted  as 
soon  as  possible  according  to  the  pnnciples  of  the  C 


:f  n. 


*  Annals  of  Congress,  8tli  C,  3d  S.    Gales  &  Seaton,  page  1601. 


1806.] 


PETITION   OF  THE  L0UI9IANIANS. 


m 


stitution.  If  the  United  States,  then,  may  postpone  the 
performance  of  this  engagement  until,  in  their  opinion, 
it  may  be  proper  to  perform  it,  of  what  validity  is  the 
compact ;  or  can  that  be  called  one,  of  which  the  per- 
formance depends  only  on  th*^  will  of  the  contracting 
party  2    .....    ' 

"  To  deprive  us  of  our  right  of  election,  we  have  been 
represented  as  too  ignorant  to  exercise  it  with  wisdom, 
and  too  turbulent  to  eifjoy-  it  with  safety.  Sunk  in  ig- 
norance, effeminated  by  luxury,  debased  by  oppression, 
we  were,  it  was  said,  incapable  of  appreciating  a  free 
constitution,  if  it  were  given,  or  fueling  the  deprivation 
if  it  were  denied.  The  sentiments  which  were  excited 
by  this  humiliating  picture  may  be  imagined,  but  cannot 
be  expressed  consistent  with  the  respect  we  owe  t^ 
your  Honorable  Body. 

"  We  could  not  imagine  what  had  produced  the  idea  of 
our  effeminacy  and  profusion ;  and  the  laborious  planter, 
at  his  frugal  meal,  heard  with  a  smile  of  bitterness  and 
contempt  the  descriptions  published  at  Washington  of 
his  opulence  and  luxury. 

"  As  to  the  degree  of  information  diffused  through  the 
country,  we  humbly  request  that  some  more  correct 
evidence  m^y  be  produced  than  the  superficial  ^^  aarks 
that  have  been  made  by  travelers,  or  residents,  who 
neither  associate  with  us,  nor  speak'our  language.  Many 
of  us  are  native  citizens  of  the  United  States,  who  have 
participated  in  that  kind  of  knowledge  which  is  there 
spread  among  the  people ;  the  others  generally  are  men 
who  will  not  suffer  by  comparison  with  the  population 
of  any  other  colony.  Some  disadvantages  as  to  education 
in  the  higher  branches  of  literature  have  lately  attended 
us,  owing  to  the  difficulty  of  procuring  it,  but  the 
original  settlement  of  the  province  was  marked  by  cir- 
cumstances peculiarly  favorable  in  this  respect.    It  was 


»a'»j4^ic»|»»»»«-'ijrr>^ 


I' 


k- 


^m;;i:?v 


•  I  -^  ■..-. 

':..'f,  *•> 

kt§k,. 

.it.'-!  •    ■ 


■1, 


"U 


.V  ,1 


I'*  I" . 


f; 


/| 


60 


PETITION   OF  THE  LOITISIANIANS. 


[1805. 


made  at  no  distant  date,  at  a  period  when  science  had 
obtained  a  great  degree  of  perfection,  and  from  a  country 
in  which  it  flourished;  many  individuals  possessing 
property  and  rank  which  suppose  a  liberal  education, 
were  among  the  first  settlers ;  and,  perhaps,  there  would 
be  no  vanity  in  asserting  that  the  first  establishment  of 
Louisiana  might  vie  with  that  of  any  other  in  America 
for  the  respectability  and  information  of  those  who  com- 
posed it.  Their  descendants  ilow  respectfully  call  for 
the  evidence  which  proves  that  they  have  so  far  degen- 
erated, as  to  become  totally  incompetent  to  the  task  of 
legislation.  t 

"  For  our  love  of  order  and  submission  to  the  laws,  we 
can  confidently  appeal  to  the  whole  history  of  our  settle- 
ment, and  particularly  to  what  has  lately  passed  in  those 
dangerous  moments,  when  it  was  uncertain  at  what  point 
our  political  vibrations  would  stop ;  when  national 
prejudice,  personal  interest,  factious  views,  and  ambitious 
designs,  might  be  supposed  to  combine  for  the  interrup- 
tion of  our  repose  ;  when,  in  the  frequent  changes  to 
which  we  have  been  subject,  the  authority  of  one  nation 
was  weakened  before  the  other  had  established  its  power. 
In  tho33  moments  of  crisis  and  danger,  no  insurrection 
disturbed,  no  riot  disgraced  us  ;  the  voice  of  sedition 
was  silent ;  and  before  a  magistrate  was  appointed,  good 
morals  sei ved  instead  of  laws,  and  a  love  of  order  instead 
of  civil  power.  It  is  then  as  unjust  to  task  us  with  tur- 
bule'ce,  as  it  is  degrading  to  reproach  us  with  ignorance 
and  vice." 

The  delegates,  in  this  memorial,  energetically  insisfed 
on  the  rights  of  the  inhabitants  of  Louisiana  to  be 
promptly  admitted  into  the  Confederacy  as  the  citizens 
of  a  Sovereign  State,  and  ably  discussed  the  3d  section 
of  the  treaty  of  cession  on  which  they  relied  in  support 
of  their  pretensions. 


m 


18*06.] 


PKTrnON   OF  THE  %.Om8IANIAN8. 


m 


"  The  inhabitanta  of  the  ceded  Territory,"  they  ob- 
served, "  are  to  be  incorporated  into  the  Union  of  the 
United  States.    These  words  can  in  no  sense  be  satisfied 
by  the  act  in  question.     A  territory  governed  in  the 
manner  it  directs  may  be  a  province  of  the  United  States, 
but  can  by  no  construction  be  said  to  be  incorporated 
into  the  Union.    To  be  incorporated  into  the  Union 
must  mean  to  form  a  part  of  it.    But  to  every  compo- 
nent part  of  the  United  States  the  Constitution  has  guar- 
anteed a  republican  forpi  of  government,  and  this,  as  we 
have  already  shown,  has  no  one  principle  of  republican- 
ism in  its  composition.    It  is,  therefore,  not  in  compliance 
with  the  letter  of  the  treaty,  and  is  totally  inconsistent 
with. its  spirit,  which  certainly  intends  some  stipulations 
in  our  favor.    For  if  Congress  may  govern  us  as  they 
pleese,  what  necessity  was  there  for  this  clause,  or  how 
are  we  to  be  benefited  by  its  introduction?     If  any 
doubt,  however,  could  possibly  exist  on  the  first  member 
of  the  sentence,  it  must  vanish  by  a  consideration  of  the 
second,  which  provides  for  our  admission  to  the  rights, 
privileges  and  immunities  of  citizens  of  the  United  States. 
But  this  territorial  government,  as  we  have  shown,  is  to- 
tally incompatible  with  those  rights.     Without  any  vote 
in  the  election  of  our  Legislature,  without  any  check 
upon  our  Executive,  without  any  one  incident  of  self- 
government,  what  valuable  privilege  of  citizenship  is 
allowed  us  ?    What  right  do  we  enjoy,  of  what  immu- 
nity  can  we  boast,  except;  indeed,  the  degrading  exemp- 
tion ii'om  the  cares  of  legislation  and  the  burden  of 
public  affairs  ?" 

They  further  argued  that  the  words  "as  soon  as  pos- 
sible "  of  the  treaty,  which  stipulated  their  admission 
into  the  UnioU,  could  never  be  so  construed  as  to  allow 
Congress  the  right  of  deferring  that  admission  indefin- 
itely.   If  it  might  be  procrastinated  for  two  years,  no 


^■<m 


:•'.■»'■: 


62 


PETITION   OF  ^E  tOUISIABTANS. 


[1806. 


P-'"  '  ■''•'•  'ill;': 


li  1  .1*  11.  I.,... 


li   1     .1*  l>       I.,... 


':::-#'.;• 


reason  could  be  peen  why  it  might  not  be  postponed  for 
twenty,  or  a  hundred,  or  totally  omitted.  It  could  not 
be  supposed  that  the  United  States  had  only  »ound 
themselves  to  admit  Louisiana  into  the  iJnion  as  soon  as 
they  should  tL  .ik  proper,  and  no  more ;  for  a  treaty  im- 
plies a  comp  CT  :  and  what  compact  can  arise  from  a 
reservation  \  perform,  or  not  to  perform,  as  one  of  the 
parties  should  deem  expedient?  Hence  they  had  no 
doubt  that  the  words  "as  soon  as  possible"  meant,  as 
soon  as  the  laws  necessary  for  the  purpose  could  be 
passed. 

In  connection  with  that  part  of  the  act  which  restrict- 
ed the  importation  of  slaves  into  the  Territory,  the  dele- 
gates said :  "  To  the  necessity  of  employing  African 
laborers,  which  arises  from  the  climate  and  the  species 
of  cultivation  pursued  in  warm  latitudes,  is  added  k 
reason  in  this  country  peculiar  to  itself.  The  banks 
raised  to  restrain  the  waters  of  the  Mississippi  can  only 
be  kept  in  repair  by  those  whose  natural  constitution 
and  habits  of  labor  enable  them  to  resist  the  combined 
effects  of  a  deleterious  moisture  and  a  degree  of  heat  in- 
tolerable to  whites.  This  labor  is  great;  it  requires 
many  hands,  and  it  is  all-importq,nt  to  the  very  existence 
of  our  coimtry.  If,  therefore,  this  traffic  is  justifiable  any- 
where, it  is  surely  in  this  province,  where,  unless  it  is 
permitted,  cultivation  must  cease,  the  improvements  of 
a  century  be  destroyed,  and  the  great  river  resume  its 
empire  over  our  ruined  fields  and  demolished  habita- 
tions. 

"  Another  evil,"  they  said,  "  not  indeed  growing  out 
of  this  act,  but  of  great  moment  to  us,  is  the  sudden 
change  of  language  in  all  the  public  offices  and  adminis- 
tration of  justice.  The  great  mass  of  the  inhabitants 
speak  nothing  but  the  French.  The  late  government 
was  always  careful,  in  the  selection  of  officei's,  to  find 


ii  ■  ^ 


1806.] 


PETltlOBr   OF  THE   LOTJISIAinANS. 


63 


men  who  possessed  our  own  language,  and  -with  whom 
we  could  personally  communicate.  Their  correspondence 
with  the  interior  parts  of  the  province  was  also  carried 
on  chiefly  in  our  own  language.  The  jinlicial  proceed- 
ings were  indeed  in  Spanish,  but  being  carried  oh  alto- 
gether in  writing,  translations  were  easily  made.  At 
present,  for  the  slightest  communication  an  interpreter 
must  be  procured.  In  more  important  concerns,  our  in- 
terest suffers  from  not  being  fully  explained.  A  phrase, 
a  circumstance,  seemingly  of  little  moment,  and  which 
a  person  not  interested  in  the  affair  ^nll  not  t.ke  the 
trouble  to  translate,  is  frequently  decisive,  and  produces 
the  most  important  effects.  That  free  communication  so 
necessary  to  give  the  magistrate  a  knowledge  of  the  peo- 
ple, and  to  inspire  them  with  confilimce  in  his  adminis- 
tration, is  by  this  means  totally  cut  off,  and  the  introduc- 
tion of  vivd  voce  pleadings  in  the  courts  of  justice  sub- 
jects the  painty  who  can  neither  understand  his  counsel, 
his  judge,  nor  the  advocate  of  his  opponent,  to  embar- 
rassments the  most  perplexing,  and  often  to  injuries  the 
most  serious."  .  ^^ 

-The  delegates .  concluded  their  address  in  this  earnest 
and  pathetic  strain : 
£  "Duly  impressed,,  therefore,  with  a  persuasion  that 
our  rights  need  only  to  be  stated  to  be  recognized  and 
allowed ;  that  the  highest  glory  of  a  nation  is  a  commu- 
nication of  the  blessings  of  freedom;  and  that  its  best 
reputation  is  derived  from  a  sacred  regard  to  treaties ; 
we  pray  you,  Representatives  of  the  people,  to  consult 
your  own  fame  and  our  happiness  by  a  prompt  attention 
to  our  prayer;  we  invoke  the  principles  of  your  revolu- 
tion, the  sacred,  self-evident  and  eternal  truths  on  which 
your  go^^emments  are  founded;  we  invoke  the  solemn 
stipulations  of  treaty ;  we  invoke  your  own  professions 
and  the  glorious  example  of  your  fathers,  and  we  adjure 


u 


•.V    --'•■;«pyif»)r'i 


..  ■■      "'i  I""     . 

1 1  i!,  ■■•"*'  '• 


'  ffi^'t  '!-|■ 
■\'  y-'  -  '  ,'  'I' 

-r^»i.-,;-i,.i;:; 
.■     "1  ^%  ,!;.•••■■■ 

i    •  ■'  '■*  !.''.■  '■  ■■  ,1 

?)•■•■•»,■  •>  *i- 


'I  ■•■,*•  •••  ■^'■■1 


c  i.;r 


t  :> 


P 


\ 


64 


.JOHN  EANDOLPh's   REPORT. 


[1805. 


5'ou  to  listen  to  the  one  and  to  follow  the  other,  by 
abanr'oning  a  plan  so  contradictory  to  everj^thing  you 
have  said,  aisil  they  have  taught — so  fatal  to  .our 
happiness  and  the  reputation  of  your  c;  uniiy,  To  a 
generdns  ,md  free  people  we  oup;ht  not  to  Uiye  any  ?nc»" 
tive  of  interest,  when  those  of  lionoi  nnd  duty  are  m 
apparent;  but  be  assured  that  it  is  the  interest  of  tlio 
United  States  to  cultivate  a  spii'it  of  conciliation  with 
the  inhabitants  of  the  Territory  they  have  acquired 
Annexed  to  your  country  by  the  course  of  p«;litical 
events,  it  depends  upon  you  to  d'ifcermino  W'  ;ther  we 
sliall  pay  the  cold  homage  of  reluctant  subjects,  or  ren- 
der the  Tree  allegiance  of  citizens  attached  to  your  for- 
tunes l>y  choice,  bound  to  you  by  Gjratitude  for  the  best 
of  bi«.ftsings,  contributing  cheerfully  to  your  advancement 
to  those  high  destinies  to  whicli  honor,  liberty  and 
justice  will  conduct  you,  and  defending,  as  we  solemnly 
pledge  ourselves  to  do,  at  the  risk  of  fortune  and  life, 
our  common  constitution,  country,  and  laws." 

The  President,  in  his  annual  message,  delivered  on 
the  8th  of  November,  1804,  to  Congi'ess,  had  called  the 
attention  of  that  body  to  the  practicability  of  ameliorat- 
ing the  forin  of  the  territorial  government  of  Louisiana. 
On  the  25th  of  Januaiy,  1805,*  John  Randolph,  chairman 
of  the  committee  appointed  to  take  into  consideration  this 
part  of  the  message,  and  to  whom  had  also  been  referred 
the  memorial  here  partly  recited,  the  original  of  which  was 
in  the  French  language,  but  with  an  lilnglish  transla- 
tion annexed  to  it,  made  a  report  on  the  subject  in  the 
House  of  Representatives.  He  said  that  it  was.  only 
"  under  the  torture"  that  the  3d  article  of  the  treaty  of 
cession  coidd  be  made  to  speak  the  language  ascribed  to 
it  by  the  memorialists,  or  could  countenance,  for  a  mo- 


*  Eighth  Congr«88,  3d  Section,  p.  S014,  Gales  &  Seaton. 


%r 


1806.] 


JOHN   BANDOLPH's   REPOET. 


65 


rnent,  the  breach  of  good  faith  which  they  had  conceived 
themselves  justified  in  exhibiting  against  the  Govern- 
ment. **  But  because,"  said  he,  "  the  memorialists  may- 
have  appreciated  too  Iiigldy  the  rights  which  have  been 
secured  to  them  by  the  treaty  of  cession,  the  claim  of 
the  people  .  of  Louisiana  on  the  wisdom  and  justice  of 
Congress  ought  not  to  be  thereby  prejudiced.  Belying 
on  the  good  sense  of  that  pecf[)le  to  point  out  to  them 
that  the  United  States  cannot  have  incun*ed  a  heavy 
debt  in  order  to  obtain  the  TeiTitory  of  Louisiana,  mere- 
ly with  a  view  to  the  exclusive  or  special  benefit  of  its 
inhabitants,  your  committee,  at  the  same  time,  earnestly 
recommend  that  ever}'  indulgence,  not  incompatible  with 
the  interests  of  the  Union,  may  be  extended  to  them." 
Whereupon  the  committee  submitted  the  following  res- 
olution :  ''^  Resohed^  That  provisions  ought  to  be  made 
by  law,  for  extending  to  the  inhabitants  of  Louisiana 
the  right  of  self-government."  The  committee,  before 
coming  to  this  conclusion,  had  given  permission  to  the 
delegates  of  the  inhabitants  of  Louisiana  to  addiess  to 
them  such  remarks  as  they  might  conceive  to  be  favora- 
ble to  the  elucidation  of  the  question  which  was  so  in- 
teresting to  their  constituents.  Availing  themselves  of 
the  privilege  conceded  to  them,  the  Louisiana  delegates 
submitted  to  the  committee  an  elaborate  and  able  argu- 
ment in  support  of  the  views  which  they  had  taken  of 
the  rights  of  those  whom  they  represented,  and  particu- 
larly insisted  on  the  injustice  of  "  procrastinating  the  in- 
corporation of  the  present  inhabitants  of  Louisiana  into 
the  Union,"  begging  the  committee,  at  the  same  time, 
"  to  make  some  allowance  for  the  disadvantage  under 
which  they  labored  to  express  themselves  in  a  language 
which  was  not  altogether  familiar  to  them." 

Notwithstanding  their  zeal  and  the  ability  which  they 
displayed,  Derbigny,  Sauv6  and  Destr<^han  were  not  as 
5  . 


Hif'Vi^ii.'A.;! 


•"•   V.  ■•••. 


>.■" 


':  Iv^'- 


■  "<rl..  ■      "  , 


?l.  ^  ji''  '^^'  III 


■'•  f  .  9"  I  ■■•1|  ■ 


^iiic^ 


*■ 


■.?    ;-T..T«i  , 


if  •  t* 


■  Ck    ,     ■<  . 


r.'\ 


l!    J^f 


66 


CONGRESSIONAL  LEGISLATION. 


[1805. 


successful  in  their  efforts  as  was  desired.  On  the  2d  of 
March,  ho  vover,  an  act  was  approved,  "  providing  for 
the  govemn  r^t  of  the  Territory  of  Orleans,"  by  which 
the  President  was  authorized  to  establish  therein  a  gov- 
ernment, in  all  respects  similar  to  that  of  the  Mississippi 
Territory,  in  conformity  with  the  ordinances  of  the  old 
Congress  in  1787,  except  so  far  as  related  to  the  descent 
and  distribution  of  eiAates,  and  the  prohibition  Of 
slavery.  A  s  to  the  inhabitants  of  the  Territory,  they  were 
authorised,  as  soon  as  the  number  of  its  free  population 
should  reach  sixty  thousand  souls,  to  form  for  them- 
selves a  constitution  and  State  government,  in  order  to 
be  admitted  into  the  Union  upon  the  footing  of  the 
original  States,  "  in  all  respects  whatever,"  provided  that 
Congress  "  should  be  at  liberty,  at  any  time  prior  to  the 
admission  of  the  inhabitants  of  the  said  Territory  to  the 
right  of  a  separate  State,  to  alter  the  bi)undarie8'  thereof 
as  they  might  think  proper." 

Twenty-five  representatives  wore  to  be  elected  by  the 
people — ^which  was  something  gained — ^instead  of  the 
thirteen  members  chosen  bv  the  President,  and  who 
heretofore  had  constituted  the  legislati\  e  body.  These 
representatives,  who  were  to  be  e'ected  for  two  years, 
were  to  be  convened  by  the  Governor  in  the  city  of 
New  Orleans,  on  the  1st  Monday  of  November,  1805. 
Certain  qualifications  as  to  residence  and  citizenship 
were  required,  with  a  fee  simple  estate  of  two  hundred 
acres  of  land.  The  upper  House,  to  which  was  given 
the  name  of  "  Legislative  Council,"  was  composed  of  five 
members,*  to  be  chosen  by  the  President  of  the  United 
States,  with  the  advice  and  consent  of  the  Senate,  out 
of  ten  individuals  selected  by  the  House  of  Representa- 
tives of  the  Territory.    Their  period  of  service  was  five 

*  Judge  Martin'^  Histoiy  of  L<nilBianfi,  Sd  vol.,  p.  280.    <>- 


I 


1805.] 


.■i'- 


CLAIBOltNE   TO   MADISON.    '^'■^ 


er 


years,  but  as  they  could,  at  any  time,  he  removed  by  the 
President,  it  is  evident  that  they  were  under  his  control 
to  a  considerable  extent.    The  only  qualification  required 
from  them  was  a  freehold  estate  of  five  hundred  acres  of 
land.    This  was  about  the  amount  of  modificisition  made 
to  the  first  act  of  territorial  oi'ganization  which  had  ex- 
cited so  much  discontent,  and  it  is  evident  that  this 
modification  was  not  sufficiently  liberal  to  afford  much 
gratification,  for  the  little  gf  self-government  which  was 
granted  to  the  Louisianians  carried  with  it  so  many 
checks  and  curbs,  that  it  was  a  mocking  shadow  rather 
than  a  pleasing  and  substantial  reality. 

In  relation  to  this  subject,  Claiborne,  on  the  21  at  of 
April,  thus  wrote  to  Madison :  "  The  law  of  Congress 
for  the  government  of  this  Territory  will  not  give  gen- 
eral satisfaction.    The  people  had  been  taught  to  expect 
greater  privileges,  and  man}-  are  disappointed.    I  believe, 
however,  as  much  is  given  them  as  they  can  manage 
with  discretion,  or  as  they  ought  to  be  trusted  with  until 
the  limits  of  the  ceded  territory  are  acknowledged,  the 
national  attachments  of  our  new  brothers  less  wavering, 
and  the  views  and  characters  of  some  influential  men 
here  bett^  ascertained.    I  particularly  attend  to  those 
persons  who  were  formerly  in  the  Spanish  service,  and 
are  permitted  by  their  Government  to  remain  in  Louis- 
iana as  pensioners,  or  in  the  enjoyment  of  their  full  pay." 
And  on  the  4th  of  May,  he  said :  "  The  agents,*  Messrs, 
Sauve,  Destrehan  and  Derbigny,  are  preparing  for  pub- 
lication a  pamphlet  in  which  I  fear  much  will  be  said 
which  will  tend  to  agitate  the  public  mind.     I  have  seen 
Messrs.  Sauv6  and  Derbigny,  and  find  the  ■  latter  much 
disappointed  and  dissatisfied.  ......  For  my  own  part, 

I  am  still  convinced  that  an  early  introduction  of  the 


*  Executiro  Joomal,  2d  vol.,  p.  145. 

t        - 


:  v; 


• .     •   'i'  *■  1  ■'•: 

1  ,  .'■  i"^'  \'  ' 

!■•'  ■  •■  '•'«.  tf'  •'■'• 
li'   -:;i    r'lil.;' 

,.■;;,'-■:  Mi'  x" 
i-'lV/;'ii!i,.i;. 


■»;  f  i. 


I 


■'  .i. 


■'    .;-    If      .    -  ■ 
•■        ,.';-'ri.(, 


I 


H 


68 


NEW    TKRRtTOIHAL   OOVERNMENT. 


[1806. 


entire  representative  system  in  Louisiana  would  be  a 
liazarclous  experiment."  So  anxious  was  he,  however, 
to  do  away  with  that  general  feeling  of  discontent,  that, 
in  a  circular  addressed  to  the  sherifts  of  the  Territory  on 
the  9th  of  May,  lie  says  :  "  I  am  fully  aware  that  many 
parts  of  your  duty  will  be  unpleasant,  and  ijiay  subject 
you  to  the  ill-will  of  those  who  may,  through  your  public 
agency,  be  made  to  feel  the  energy  of  the  law.  But 
there  is  a  manner  of  discharging  an  unpleasant  duty 
which  never  fails  to  soften  resentment,  and  most  generally 
begets  the  friendship  of  those  with  whom  we  act.  I 
will  only  recommend  the  observance  at  all  times  of  the 
utmost  equanimity  of  temper  and  politeness  of  conduct." 

Claiborne  had  been  reappointed  Governor;  Graham 
had  been  appointed  Secretary,  and  Sprigg  and  Mathews 
Judges  of  the  Superior  Court,  with  Prevost,  who  was 
already  on  the  bench. 

On  the  4th  of  November,  the  House  of  Kepresentatives 
met  in  New  Orleans,  and  selected  the  ten  individuals  out 
of  whom  the  President  of  the  United  States  was  to  form 
a  Legislative  Council  for  the  Territory.  Their  choice  fell 
on  Bellechasse,  ^ouligny,  D'Ennemours,  Derbigny, 
Destrehan,  Gurley^  Jones,  Macarty,  Sauv6  and  Villere^ 
The  President  selected  Bellechasse,  Destrehan,  Macarty, 
Sauv6  and  Jones,  thereby  giving  ample  satisfaction  to 
the  Louisianians,  as  he  had  thus  allowed  the  Creole  ele- 
ment to  preponderate  in  that  important  body. 

On  the  same  day,  when  the  act  "  further  providing  for 
the  government  of  the  Territory  of  Orleans"  became  a 
law,  the  President  approved  another  act,  "  for  ascertain- 
ing and  adjusting  the  titles  and'claims  to  lands  within 
the  Territory  of  Orleans,  and  the  Distrixjt  of  Louisiana." 
This  act  was  a  Godsend  to  the  lawyers,  who,  to  the  dis- 
may of  the  litigation-hating  population  of  Louisiana, 
were  flotiking  from  all  quai'ters  to  settle  in  its  bosom,  and 


1805.] 


0BANT8   OF   l-AND   BY    MORALES. 


09 


vrho  eagerly  tendered  their  services  to  those  who  were 
in  need  of  their  assistance. 

The  act  above  alluded  to  applied  only  to  the  confir- 
mation of  such  gi'ants  or  sales  of  land  as  had  been  made 
by  the  Spanish  and  French  Governments  in  territories  of 
"vvliich  t^ey  were  in  actual  possession.  In  the  mean  time, 
Morales,  whose  presence  in  New  Orleans  was  so  obnox- 
ious to  the  Government  of  the  United  States,  on  account 
of  his  continuing  to  exercise  his  functions  of  Spanish 
Intendant  on  American  territory,  and  particularly  on 
account  of  his  numerous  grants  and  sales  of  land  in 
that  part  of  West  Florida  claimed  as  included  in  the 
acquisition  of  Louisiana,  and  against  which  the  act  of  the 
2d  of  March  was  aimed,  had  been  in  vain  endeavoring 
to  retire  to  Pensacola,  wherein  he  conceived  himself  en- 
titled to  carrv  on  his  functions  of  Intendant.  But  Folch, 
the  Governor  of  Florida,  hated  Morales,  and  denied  his 
pretensions.  Morales  appealed,  to  the  Captain-General 
of  Cuba,  who  decided  in  h:s  favor,  and  cited  orders  of 
the  king  in  support  of  his  opinion.  But  Folch,  who 
seems  to  have  been  countenanced  by  the  Marquis  of 
Casa  Irujo,  the  Spanish  Minister  to  the  United  Sates, 
disregarded  the  alleged  orders  from  the  King,  and  set  at 
defiance  the  Captain-General.  He  sent  Don  Jose  de 
Clouet  with  a  detachment  of  troops,  with  which  he  was 
to  watch  Morales  at  Dauphine  Island  and  Mobile  Point, 
and  arrest  him  on  his  way  to  Florida.  The  Governor 
further  iustiiicted  *  the  oJB&cer  in  command  of  fort  Bar- 
rancas, at  Pensacola,  to  imprison  Morales  in  that  fortress, 
should  he  succeed  in  eluding  the  grasp  of  De  Clouet,  and 
arrive  at  the  spot  where  his  presence  was  not  desired. 
He  also  threatened  Carlos  Grandpre,  Governor  of  the 
Baton  Rouge  district,  to  deprive  him  of  his  command,  if 

*  Dispatch  of  Morales,  New  Orleans,  Oth  November,  1803,  to  Don  Miguel 
Cayetano  Soler,  Mioistro  de  Hacienda,  Madrid.  •   ;  ■'     •  • 


k 


,,>1-ii 


,    ; 


>: 


I   l4:^^•;0' 

^.  I   I'     ' 

•  if  'V'  :,•'  "^  w 


I 


t  iifJ^k's''-"'  ' 

I:'',  •  >  !.::•  : 

;.;^^i"■ 


«■■: 


( 


^ 


if^- 


70 


ailANTH   OK    LAND    IJY    MOUALEH. 


[1803. 


lie  recognized  Morales  uh  Intendaiit.  All  thut  he  con- 
tented liinisi'lf  to  do  for  the  relief  of  that  officer,  was  to 
offer  liini,  as  an  asylum  for  liiniHelf  and  liis  employees, 
the  foi-t  of  Mol)ile,  wlicre  ho  would  be  permitted  to  de- 
posit Ins  archives.  •  ■ 

Yielding  to  the  complaints  of  the  Government  of  the 
United  States,  the  Marquis  of  Casa  Irujo,  the  minister 
sent  to  them  by  Spain,  had  remonstrated  with  Intendant 
Morales  on  the  concessions  and  sales  of  lan<l  which  lie 
was  daily  making  in  the  Territory  in  dispute  between 
the  two  governments,"  and  had  advised  him  to  suspend 
his  proceedings.  On  the  20th  of  December,  Morales, 
who  still  styled  himself  "  Intendant  of  Louisiana," 
wrote  from  New  Orleans  a  dispatch  to  Casa  Irujo,  in 
which  he  said  that,  by  virtue  of  thq  royal  ordinance  of 
the  22nd  of  October,  1798,  concerning  the  Spanish  Colo- 
nial intendencies,  he  possessed  the  ^exclusive  power, 
freely  and  without  any  interference  from  any  authority 
in  America,  however  exalted,  to  make  concessions,  grants, 
distributions,  and  sales  of  land  as  he  might  think  best 
conducive  to  the  interest  of  his  Majesty,  which  both  of 
them  had  so  much  at  heart ;  therefore,  that  he  could, 
without  giving  o,ny  just  cause  of  oifence,  refuse  to  have 
any  communication  with  the  minister  on  the  subject,  but 
that,  as  he  was  convinced  that  the  minister  did  not  in- 
tend to  assume  an  authority  to  which  he  could  have  no 
pretensions,  but  was  merely  volunteering  advice  with 
the  best  of  motives,  he,*  Morales,  would  not  hesitate  to 
make  known  to  him  the  reasons  why  he  pursued  the 
course  which  he  had  adopted. 

''  In  a  ministerial  dispatch  of  the  20th  of  last  Febni- 
ary,  1805,"f  says  Morales,  "I  was  informed  that  the 

*  Archives  of  State,  Baton  Roage.  Extracts  from  the  Archives  of  Indies  in 
Seville. 

f  Antes^y  en  el  interim  qne  se  efectua  la  cesion  6  traspaso  de  su  soberania. 
— Ministerial  Dispatch. 


J.! 


1805.] 


OKANT8   Off   LAND   liY    MOKALKti. 


71 


King  expected  tluU  I  should  draw  from  t/iw  hraiwh  of 
revet!  us  {the  sale  of  landu),  with  my  well-hnotnii  zeaf,  all 
the  prafitH  of  which  it  wan  sunccptllde  for  the  roijcd  trecta- 
tirf/.^^  lie  tlieu  alludcH  to  neveral  other  coinnuinica 
tioiiH,  from  which  it?  clearly  resultn,  that  the  King  wished 
him  to  make  for  the  royal  exchequer  as  much  money  as 
ho  could  out  of  the  public  lands  in  the  ceded  ])rovin- 
ces,  whilst  they  were  yet  in  a  Htateof  transit  from  one 
government  to  another.  Such  inntractiouH  were,  cer- 
tainly, unworthy  of  the-royal  majenty,  an  it  could  hardly 
be  denied  that  they  were  of  a  fraudulent  character.  In 
another  punsage  of  the  same  dispatch,  he  says  to  Casa 
IiTijo,*  that  it  would  be  good  policy  to  encourage  the 
idea  that  all  that  part  of  West  Florida,  including  the 
District  of  Baton  liouge,  as  far  as  tlie  western  bank  of 
the  llio  Perdido,  in  which  he  had  been  making  large 
sales  of  land,  would  be  iinallv  abandoned  to  the  United 
States,  because  without  the  prevalence  of  such  an  idea, 
and  if  it  was  believed  that  Spain  would  retain  posses- 
sion of  that  territory,  the  lands  would  become  valueless. 
"  Not  only,"  says  the  shrewd  and  money -making  Intend- 
ant,  "  it  would  be  expedient  to  allow  this  belief 
(creencia)  to  circulate,  but  it  would  be  still  more  profit- 
able to  persuade  the  people  that,  when  the  cession  shall 
be  allowed  to  take  place,  Spain,  before  making  it,  will 
take  .care  to  stipulate  for  the  confirmation  of  all  the 
sales  or  grants  of  land  previously  made  by  her  officers 
in  all  the  ceded  territories,  and  will  thereby  secure  her 
former  colonists  against  the  hard  conditions  imposed  on 
them  by  Congress  in  the  above  recited  Act  of  the  2nd 

*  Si,  Seilor  Marques,  como  liombre  puedo  equivocanue  en  ml  juiclp,  pero 
vivo  en  la  creenci^i  do  que  el  momento  que  se  pretenda  persuader  es  erroda  la 
de  que  la  Florida  Occidental  pertenecer^  a  los  Estados-Unidos,  y  que  el  Key  la 
conservaRl  como  parte  integrante  do  bus  dominios,  en  el  mismo  momento 
debe  renunciarse  d  sacar  utilitad  alguna  de  sus  tiorras.  Certainly,  a  very 
poor  compliment  paid  by  the  Intendant  to  his  mt^Bter.  -  v 


if 


i'"  !' 

■_ .  ■.  •■;'•■!;■   ■•.  • 


''  r-i'i-^-'ih- 


•r  "I- ■■•  ■  ■^"  ■';  •: 

'/.  ■  d  'J,-.  '.',«     t|^^.  ■   t'-'i, 

•l    :<'      ft'  I'      ■'..  .  . 

i  i  '<•  lo  ■ . '  *. 


t. 


!»■ 


,.,j 


ya 


GRANTS   OF   LAND    BY   MORALES. 


[1805. 


of  March,  with  regard  to  the  verification  and  settlement 
of  land  claims  in  the  Territory  of  Orleans  and  District 
of  Louisiana.*  >       ^ 

In  this  very  interesting  digpatch,f  he  ,begs  leave  to 
call  the  attention  of  the  Marquis  of'Casa  Irujo  to  the 
fact,  that  all  the  sales  and  concessions  of  land  made  by 
the  Governors,  or  other  Spanish  authorities  in  Louisiana, 
during  thirty  years,  did  not  bring  a  maravedi  into  tho. 
royal  exchequer,  and  he  boastingly  remarks  that,  wliilst 
his  jurisdiction  as  Intendant  was  questioned,  and  whilst 
he  was  awaiting  to  be  re-clothed  with  the  powers  apper- 
taining to  hiii  office,  he  had  skillfully  availed  himself  of 
the  circumstances  offered  by  the  cession  of  Louisiana, 
which,  of  course,  gave  immediate  value  to  what  had 
hitherto  possessed  none  whatever,  and  had  succeeded  in 
putting  into  the  King's  coffers  fifty  thousand  dollars — a 
sum  which  would  have  been  much  greater,  he  affirmed, 
if  he  had  not  been  counteracted  and  checked  by  Clai- 
borne, the  American  Governor,  and  by  the  Spanish  Gov- 
ernor Folch,  who  ruled  at  Pensacola.  i  • 

The  Intendant  concludes  his  dispatch  in  these  words : 
"  The  royal  treasury  has  not  had  to  disburse  anj-^thing 
in  relation  to  those  lands,  because  the  purchasers  assum- 
ed the  expenses  of  survey  and  all  other  costs,  which 
have  not  been  inconsiderable,  and  which,  therefore,  may 
be  looked  upon  as  a  part  of  the  product  of  those  .sales. 
This  sum  ought  to  be  considered  (to  use  a  common  saying) 

*  Para  que  las  ventas  y  concesiones  liechas  por  el  Qobierno  Espafiol  no 
queden  sujotas  a  las  duras  condiciones  que  pus6  el  Congreso  en  su  acto,  6 
decreto  de  3  de  Marso  de  este  afio  para  arreglar  y  verificar  los  titulos  y  f)reten- 
ciones  de  los  poseedores  de  tierras  en  el  territorio  de  Orleans  y  distrito  de 
la  Luisiana. 

f  Yo  causante  de  que  la  intendencia  fuese  rointegrada  en  lo  que  le  corres- 
pondia,  aprovecliando  de  la  circonstancia  que  ofrecio  la  cesidn  de  la  Luisiana  ; 
he  conscguido  hayan  cntrado  en  cajas  Rcalcs  mas  de  cincuenta  mil  pesos. 
Habrd  sido  mucho  mas  sin  los  embarazos  del  Qobierno  Americano  y  del  com- 
mandante  Folch. 


1805.] 


GBANT8   OF  LAND   BY  MORALES. 


73 


as  a  windfall.  Had  it  not  been  believed  that  tlie  Ter- 
ritory of  Baton  Rouge  would  become  a  possession  of  the 
United  States,  its  inhabitants  being  accustomed  to  get 
lands  without  paying  a  cent  for  them,  it  would,  have 
been  impossible  to  obtain  from  that  source  any  funds  for 
the  royal  treasury ;  and  nevertheless,  the  way  in  which 
I  managed  it  is-  criticised — which  management  consisted 
in  secretly  circulating  the  report  that  Spain  would  soon 
part  with  that  Territr^T-v ;  obstacles  and  embarrassments 
are  thrown  in  my  way  by  those  who  should  protect  me, 
with  a  view  to  prevent  me  from  obtaining  all  the  results 
which  I  should  get  without  such  opposition  ^  and,  finally, 
indefatigable  efforts  are  used  to  diminish  my  merits  in 
these  transactions,  and  weaken  the  credit  which  I  should 
be  entitled  to  claim,  thus  rendering  painful  to  me  what 
should  have  been  a  cause  of  gratulation.  This  is,  how- 
ever, the  fate  of  the  man  who  thinks  of  nothing  but  the 
strict  accomplishment  of  his  duties ;  but,  fortunately,  if  I 
do  not  succeed  in  putting  down  the  false  charges  brought 
against  me,  one  consolation  shall  never  be  wanting,  and 
it  is  that  which  I  shall  draw  from  my  conscience."*  It 
must  not  be  forgotten,  whilst  reading  this  curious  dis- 
patch, that  whep  the  Intendant  was  thus  secretly  circu- 
latmg  the  report  that  Spain  would  soon  abandon  the 


*  ....  La  Real  Hacienda  no  ha  tenido  desembolso  alguno,  pues  los  com- 
pradores  han  satisfecbo  los  gastos  de  apeo,  medida,  &c.,  que  han  sido  de  bas- 
tante  consecuencia,  y  que  pueden  considerarse  parte  del  producto  de  las  tierras. 
Dicha  Buma,  como  se  dice  vulgarmente,  debe  mirarse  caida  del  cielo.  Sia  la 
creencia  que  el  Territorio  de  Baton  Rouge  iba  d  ser  possetlon  de  los  Estados- 
Unidos,  estando  como  estaban  acostumbrados  estos  habitantes  a  conseguir  tier- 
ras sin  desembolso,  nada  liabria  producido  este  ramo  de  Real  Hacienda,  y  a  pesar 
de  ello,  se  critica  mi  manejo,  se  me  ponen  obstaculos  y  embarazos  ]X)r  los  que 
dobon  protegerme,  para  que  no  consega  todo  lo  que  sin  tales  inconvenit^-tes 
habria  logrado,  y  por  ultimo  se  practican  diligencias  y  establccen  recui-sos  para 
diminuir  el  merito,  y  aun  para  quo  me  produzca  pena  y  desagradolo  que  habrt\ 
tU)  proporcionarme  satisfacionea.  Disgracia  grande  del  hombre  que  trabaja  y 
?o  esmera  en  llenar  sua  deberes !  Pero  me  quedo  el  recurso  de  que  hi  mis  des 
cargws  .no  fueron  suficientes,  &c. 


■w^M 


:,1|., 


.-..■lit   ;..'•.■    ■     ''^U9 

■  lit. '  vi '.  -t y.i 


mm": 

if'  :Vrf,4?' 

w .'  Ti  .t«."!^'l^■ 
Ln:■rj..•-%■ 
^  •  V-/;  ,  ;■'  tin  . 

1    ,  P  ,.  K,.    :'fc.    ■  3i- 

•J  -.-f^i./'.r  ■  .  ,- 
I, !    f*[h.,'ril;-, 

'h-:'  :  ^;-:-^ 
,  .',..'.    ■  ■!;,*•'> 


>.  I »  ,     .»•• 


U 


*'    ' 

45^ 

CAS^   CALVO   AND   HIS   BODY-GUAED. 


[1805. 


district  of  Baton  Rouge,  the  Spanish  Government  was 
loudly  and  bitterly  complaining  of  the  grasping  and  un- 
just arrogance  of  the  United  States  in  claiming  it  as 
comprehended  within  the  ceded  Territory. 

Thus  Morales  was  still  lingering  in  New  Orleans, 
much  to  the  annoyance  of  Claiborne.  As  to  the  Marquis 
of  Casa  Calvo,  he  was  preparing  to  make  an  excursion 
through  the  colonial  provinces  of  Spain  in  the  neighbor- 
hood of  the  United  States  as  far  as  Chihuahua ;  and  the 
remainder  of  the  Spanish  troops  had  at  last  been  removed 
to  Pensacola.  The  intended  departure  of  the  Marquis 
was  a  o-reat  I'elief  to  Claiborne  and  to  others,  to  whom 
his  presence  had  beer  very  imacceptable.  The  Spanish 
guard  Avhich  Caso  Calvo  retained  about  his  person  had 
been  an  object  of  complaint.  Claiborne  had  requested 
him  to  dispense  with  that  unnecessary  display,  and  that 
officer  having  acceded  to  it,  Claiborne  had  written  to 
him  a  note,  on  the  4th  of  January,  to  thank  him  for  hav- 
ing complied  with  his  wishes.  "  The  existence  of  yoiiY 
guard,"  said  he,  "was  not  considered  an  object  of  serious 
concern,  since  I  was  well  assured  that  your  Excellency 
would  disapprove  and  repress  any  interference  on  their 
part  with  the  citizens.  But,  as  complaints  were  made, 
I  thought  that  it  would  conduce  to  harmony  to  have 
your  guard  withdrawn  from  the  streets.  The  protection 
due  to  your  Excellency  is  prescribed  by  our  laws,  and 
every  officer  of  this  government  will  be  happy  to  render 
it."  *  The  importance  attached  by  the  complainants  to 
the  Marquis's  guard  can  hardly  be  conceived,  and  the  bom- 
bastic Resolutions  which  were  introduced  in  the  City 
Council  on  this  subject  by  a  member  of  that  body,  T)e- 
come  almost  ludicrous,  when  contrasted  with  the  naked 
fact,  that  those  Spanish  troops  which  were  represented 


*  Executive  Journal,  p.  63,  vol.  1. 


1805.]     QUAEBEL8  BETWEEBT  MORALES  AND  CASA  CALVO.    15 


in  tliose  Resolutions  "  as  dangerous  to  tlie  peace  of  the 
city  and  to  the  sovereignty  of  the  United  States,"  con- 
sisted only  of  a  corporal  and  four  men  posted  at  the 
dwelling  of  the  Marquis.* 

Another  cause  of  annoyance  to  Claiborne  was  the  lival- 
ry  and  hatred  existing  between  the  ex-Intendant  Morales 
and  the  ex-Governor  Casa  Calvo,  whilst  they  remained  in 
Louisiana  to  wind  up  the  affairs  of  the  King  of  Spain. 
In  theii'  conflicts,  they  constantly  appealed  to  the  Amer- 
ican governor,  who,  of  course,  declined  all  interference, 
and  had  even  to  check  them  whenevei*  they  pretended  to 
exercise  any  authority  over  matters  which,  by  the  change 
of  sovereignty,  had  been  withdrawn  from  their  jurisdic- 
tion. Claiborne  f  also  complained  more  than  once,  that 
Edward  Livingston  and  Daniel  Clark,  moved  by  their 
hostility  to  him  and  by  dangerous  political  views,  ''  had 
injured  the  interest  and  character  of  the  Government  in 
the  Territory."  These  two  gentlemen  seem  to  have  sided 
with  the  Spanish  authorities  in  their  quarrels,  and  their 
interference  was  a  source  of  inliiiite  mortiiication  and 
irritation  to  the  American  Governor.  As  to  the  Marquis 
of  Casa  Calvo,  Claiborne  seems,  nevertheless,  to  have  en- 
tertained a  favorable  opinion  >'  jim,  for  he  says :  "  I  find 
no  .difficulty  in  transacting  business  with  the  Marquis. 
He  possesses  a  great  share  of  Spanish  pride,  and  a  warm, 
irritable  temper,  which  s'nnetimeS  betrays  him  into  im- 
prudencies,  but  his  dl?(positi«/ji  is  generous  and  accom- 
modating, and  his  general  dop</rtment  that  of  a  gentle- 
man." His  relations,  however,  Wi^h  Governor  Folch  of 
Florida  do  not  appear  to  have  been  (j(  the  same  pleasant 
character.  "Of  Governor  Folch,"  t  he  remarked,  "I  can- 
not speak  as  favorably.      He  has  m<^*^e   temper  than 


mm 


*  "Claiborne  to  Madison,  5th  June,  1805,  ExecaUve  Jou/''r1,  p.  64,  vol.  1. 

f  Claiborne  to  Maidison,  19th  January,  1806,  Executive  Joxufnii,  p.  70,  vol.  1. 

J  Claiborne  to  Madison,  Executive  Journal,  p.  114,  vol.  J. 


;■■■  '■-^:':.  W^ 


V«gg«gi 


:!'^ 


76 


DESIRED   DEPARTURE   OF   THE   SPANIARDS.       [1805. 


'  ■>'*  *r 


I  J' Mi., 


discretion,  more  genius  than  judgment,  and  his  general 
conduct  is  far  from  being  conciliatory." 

On  the  10th  of  February,  the  Spanish  officers,  although 
notified  that  their  presen^^e  in  the  Territoiy  was  unpala- 
table, clung,  under  vitrious  pretences,  and  with  a  sort  of 
mysterious  and  inexplicable  fondness,  to  the  province 
which  their  government  had  ceded  to  France,  and  France 
to  the  United  States.     "It  seems  the  evacuation  is  not 
yet  completed,"  wrote  Governor  Claiborne,  *  "  and  that 
several  Spanish  officers  continue  in  this  city ;  some  have 
been  permitted  to  retire  on  half  pay."     As  to  the  Mar- 
quis of  Casa  Calvo,  his  plea  for  remaining  was,  f  that  "  he 
expected  shortly  to  be  employed  in  defining  the  boundary 
line  between  the  United  States  and  the  Mexican  posses- 
sions,"    In  the  mean  time,  war  had  broken  out  between 
Spain  and  England,  and  the  news  of  that  war,  together 
with  the  opening  of  the  port  of  Havana  to  neutral  ves- 
sels, X  liad  greatly  benefited  the  commerce  of  New  Or- 
leans.    The  levee  became  ciwvded  with  flour  and  salted 
provisions,  red  wines  anu  dry  goods  destined  for  exporta- 
tion.    Nevertheless,  th^  Spaniards  gave  great  uneasiness 
to  Governor  Claiborne     Their  forces  in  Pensacola  and 
West  Florida  amounted  to  nine  hundred  effective  men ; 
besides,  two  hundred  were  stationed  at  Baton  Rouge, 
about  eighty  at  Mobile,  and  according  to  common  report, 
the  number  of  the  troops  in  Texas  had  been  considerably 
augmented.     At  the  Bay  of  St.  Bernard  they  had  been 
erecting  a  fort,  and  the  coast  was  studded  with  their  gar- 
risons.    It  Avas  even  believed  that,  at  a  point  distant 
only  two  hundred  and  forty  miles  from  the  mouth  of  the 
Sabine,  they  had  concentrated  two  thousand  tioops.§ 


e 

0 

t 


r 


m  • 


*  Claiborne  to  Modison,  Executive  Journal,  p.  88,  vol.  1. 
f  Clailionie  to  Madison,  Executive  Journal,  p.  103,  vol.  1. 
X  Claiborne  to  Madison,  Executive  Journal,  p.  95,  vol.  1. 
§  Claiborne  to  Madison,  Executive  Journal,  vol.  1,  page  118. 


1805.] 


INCREASE   OF   SPANISH   ARMAMENTS. 


77 


What  made  it  worse,  was  tlie  impression  generally  spread 
among  the  population,  "  that  they  were  shortly  to  foil 
again  under  the  dominion  of  Spain ;"  and  the  Spanish 
officers  in  Louisiana  and  in  Pensacola  took  frequent  occa- 
sions to  remark,  "that  West  and  East  Florida  would 
be  given  in  exchange  for  the  territory  west  of  the  Missis- 
sippi ;  and  that  on  no  other. condition  would  the  cession 
be  made."  * 

These  reports  of  the  increase  of  the  Spanish  armaments 
induced  Claiborne  to  demand  explanations  of  the  Marquis 
of  Casa  Calvo.  At  the  interview  which  took  place,  Clai- 
borne said,  "  that  the  President  had  been  desirous  that, 
pending  the  negotiations  between  the  two  governments, 
the  present  state  of  things  should  not  be  innovated  on  by 
either  party,  and  paHicnlarly  that  no  new  positions,  or 
augmentations  of  military  force,  should  take  place  on 
eitlier  side,  within  the  territory  claimed  by  both  eastward 
of  the  Mississippi ;  that  the  President  was  anxious  that 
the  existing  differences  should  be  amicably  adjusted,  and 
entertained  strong  hopes  that  such  would  be  the  result." 
The  Marquis  replied,  "that  the  forces  of  his  Catholic 
Majesty  had  not  been  augmented  at  Baton  Rouge, 
Mobile,  or  Pensacola,  in  any  other  manner  than  by  con- 
centrating at  these  places  the  troops  which  had  been 
withdra  vn  from  the  various  parts  of  Louisiana  now  in 
possession  of  the  United  States."  They  finally  parted  f 
from  each  other  with  reciprocal  assurances  of  personal 
consideration,  and  of  their  great  solicitude  for  the  pres- 
ervation of  a  good  imderstanding  between  their  two 
nations."  This  interview  had  taken  place  on  the  19th 
of  April.  On  the  21st,  Casa  Calvo  called  on  Claiborne, 
and  in  the  course  of  conversation,  expressed  his  surprise 


*  Claiborne  to  MadiBon,  5th  April,  1805,  Executive  Journal,  vol.  1,  page  130. 
\  Claiborne  to  Madison,  19th  April,  1805.    Ex.  Jour.,  p.  124,  vol.  1. 


•  .f.  '•'j  >.(,  ,:  i'.',",*K.-as',' 

;.-;,.■ /ill  ,■•,-.•<..    ;..>'«»i 


..  ..•^••-iVv'lS'ij 


i    -0 


"."""^■^Sb^IB 


Il     :  'V   ' 

I       '!■'!"♦ 

■  '"V.  "  ■ 

.    '  T'    '  '    .f' 

■      .  *.  -  k"     I, 
iJ-,  •■  ,.',,-r' ; : 

S- .'.  '•■•'"I*  !,  • 
!•;    •pi'        . 

•■'■■•'.-■■;  J''    ■ ', 

'.  '%  '"  "  :•  . .    '■    ;" 

*■' '  '■*■  J'^'l 

J- i^;»'.  S:  life'' 
■»?••  ;vi:i':.; 

■7    •  •• »»  ■'■".  «■,        ;  ''i' 
■      -  1^1  V;\ '»'*.''    ..': 

.jt,.....,,  .-^ 


I 


:l 


■   '*  .     '  -.i-i','] 

'■'■■'■■■    ■■';,^'« 

ti   ;•■♦,,  ,„;  ■  ■ 


78 


APPREHElS^SIONa  OF  SPANISH  HOSTILITIES. 


[1806. 


at  the  desire  of  the  American  Government  to  extend 
their  limits.  "  He  introduced,"  said  Claiborne  *  "  the  old 
hackneyed  argument  that  a  republican  form  of  govern- 
ment could  not  long  exist  over  extensive  territories. 
He,  however,  p.eemed  to  think  that  the  issue  of  the 
rai?^sion  f  would  be  favorable  to  the  wishes  of  the  Presi- 
dent. There  is  no  doubt  but  the  great  object  of  the 
Spanish  Government  will  be  to  limit  the  possessions  of 
the  United  States  westwardlj  by  the  Mississippi,  and  to 
attain  which,  East  and  West  Florida  and  other  considera- 
tions would  cheerfully  be  offered.  I  form  this  opinion 
from  my  various  conversations  with  the  Marquis,  with 
Governor  Folch.  and  other  Spanish  officers.  Indeed, 
many  persons  hei'e  yet  believe  that  the  country  west  of  the 
Mississippi  will  be  ceded  to  Spain.  The  Marquis,  in  his 
private  conversations,  encourages  such  opinions,  and  until 
the  issue  or^r.  Monroe's  mission  is  known,  the  Louis- 
ianians*  will  not  consider  their  political  destiny  as  fixed. 
I  have  always  told  you  thrt  the  foreign  agents  here  saw 
with  pleasure,  and  secretly  countenanced,  the  discontents 
of  the  people,  and  I  am  persuaded  that  they  have  been 
mentioned  to  the  Court  of  Spain  as  evidences  of  the 
favorable  impressions  which  the  former  masters  of 
Louisiana  had  left  behind  them.  Fearing  that  these 
discontents  would  tend  to  encourage  Spain  in  her  pre- 
tensions to  West  Florida,  and  to  lessen  the  interest  which 
France  might  otherwise  take  in  effecting  an  accommoda- 
tion and  thus  embarrass -ar  administration,  I  saw  with 
regret  and  surprise  the  unnatural  part  which  three  or 
four  apostate  Americans  of  talents  vere  acting  here. 
But  there  are  men  whose  hearts  are  so  organized,  that 
no  consideration,  not  even  the  interest  of  their  country, 
would  induce  them  to  forego  the  pleasure  of  gratifying 

■*  Claiborne  to  Madiscn,  p.  128.    Ex.  Jour.,  vol.  1. 
f  Mr.  Monroe's  Special  Miosion  to  Spain. 


ofl 

u 

hal 
enl 
ani 

lis 


i  •   I*    , 

■I if :., 


1805.] 


SUSPECTED   SPANISH   AGENTS. 


.<  .■■. 


79 


tlieir  personal  resentment,  and  there  are  others  in  whose 
breast  a  spirit  of  avarice  abd  self-aggrandizement  has 
acquired  such  an  ascendency  as  to  have  stiiled  every 
honest  emotion.  But  it  is  unnecessary  to  enlarge  further 
on  this  head.  In  every  community  there  are  degenerate 
characters,  and  it  aflPbrds  me  consolation  to  assure  you 
that  the  great  body  of  the  Americans  here  are  useful, 
worthy  members  of  society,  and  faithful  to  the  interest 
of  their  country.  I  can  add  with  like  sincerity  that  the 
Louisianians,  generally  speaking,  are  a  virtuous,  amiable 
people,  and  will,  in  a  short  time,  become  zealous  sup- 
porters of  the  Amenca,n  Union." 

In  the  mean  time,  whilst  Claiborne  was  thus  looking 
round  to  guard  against  danger  from  foreip":  and  intestine 
foes,  the  news  which  he  frequently  received  from  two 
individuals  in  the  Western  District  of  Louisiana,  who 
had  his  entire  confidence,  Dr.  Sibley  and  Captain  Turner, 
were  far  from  being  of  an  encouraging  character.  Captain 
Turner  was  persuaded  that  Spanish  agents  had  endeav- 
ored to  alienate  the  affections  of  certain  Indian  tiibes  from 
the  United  States,  and  had  soured  the  minds  of  the  people 
of  Natchitoches  against  the  American  Government,  im- 
pressing them,  at  the  same  time,  with  the  belief  that 
Louisiana,  or  at  least  that  part  of  it  which  lay  west  of 
the  Mississippi,  would  shortly  return  under  the  dominion 
of  Spain.  Turner's  statements  to  Claiborne  were  con- 
firmed by  Dr.  Sibley.  Both  united  in  informing  him 
"  that  the  intrigues  of  the  priests  at  Natchitoches  had 
had  an  injurious  tendency,  inasmuch  as  they  had  weak- 
ened the  allegiance  of  the  citizens  by  giving  cuiTency  tc 
an  opinion  that  they  would  soon  become  Spanish  sub- 
jects, and  excited  hatred  against  the  American  Govern- 
ment by  representing  that  it  afforded  no  protection  to  re- 
ligion, and  that  an  association  with  infidels  (meaning  the 
Americans)  would  dishonor  the  memory  of  their  ances- 


■.■^i: 


'mym$. 


'  ■■".:'i.>'V.v,'.""''tH* 


■'Mi 


:  ^.I'l-.t 


1  ■%^'l  •'1'! 


ft 


i''  i  '■  ■?:,■:  ■'  IV.  ■[ ' 


.i 

..-t- 


AARON   BUBB   ARRIVES   IN   NEW   ORLEANS.       [1806 


tors,  who  Lad  lived  and  died  in  the  true  faith.  "  A 
character  calling  himself  the  bishop  of  one  of  the  interior 
provincea  of  Mexico,"  says  Claiboriio,*  "  lately  made  a 
visit  to  Natchitoches.  He  traveled  with  great  dispatch 
and  in  much  pomp.  He  appeared  to  be  a  man  of  great 
literature  and  of  considerable  address.  He  kept  a  journal, 
and  took  the  latitude  of  many  places  through  which  he 
passed.  His  inquiries  as  to  the  geographical  situation 
of  Louisiana  were  minute,  and  from  his  general  conduct 
it  would  seem  that  his  visit  was  rather  with  political 
than  religious  views.  The  bishop  was  received  by  the 
Commandant  at  Natchitoches  with  respectful  attention, 
and  after  resting  a  few  days  in  the  vicinity  of  that  post, 
took  his  departure  for  the  city  of  Mexico,  to  which  place 
there  is  said  to  be  from  Natchitoches  a  plain  direct  road, 
that  can  be  traveled  with  facility  at  any  season  of  the 
year."  When  such  was  the  state  of  things  on  the 
frontiers  of  Texas,  large  sums  of  silver  were  coming  to 
New  Orleans  from  Vera  Cruz,  consigned  to  the  Marquis 
of  Casa  Calvo,  ostensibly  for  the  payment  of  pensions  to 
Spanish  officers  allowed  to  reside  in  Louisiana,  and  to 
meet  the  expenses  which  tht  Marquis  might  have  to 
incur  as  Commissioner  of  Limits.f  r 

At  this  conjuncture  of  affairs,  Aaron  Burr,  on  whose 
brow  the  i-esult  of  his  duel  with  Hamilton  seems  to  have 
put  the  seal  of  Cain's  curse  and  fate,  arrived  in  Louisiana 
with  letters  of  introduction  from  Wilkinson,  the 
pensioner  and  the  tool  of  Spain,  who,  "  to  expedite  his 
voyage,  had  fitted  out  for  him  an  elegant  barge,  sails, 
colors  and  ten  oa."s,  with  a  sergeant  and  ten  able,  faith- 
ful hands,"  J  and  who  wrote  to  Daniel  Clarke  that  "  that 
great  and  honorable  man  would  communicate  to  him 


*  Claiborne  to  Madison.  !»th  Jane,  1805.    Ex.  Journal,  vol,  1,  p.  176. 
f  Clniboi-no  to  Madison.  iSth  June,  1805.    Ex.  Journal,  vol.  1,  p.  187. 
i  Purton'B  Life  of  Burr,  p.  391.    New  York,  eleventh  edition,  1858. 


1805.] 


AARON   BURR   IN   NEW   ORLEANS, 


8t 


many  things  improper  to  letter,  and  which  he  would  not 
say  to  any  other."  *  Claiborne  alludes  to  this  event  with 
remarkable  laconism  in  a  letter  addressed  to  Madison  on 
the  26th  of  June,  1805  :  "Col.  Burr,"  says  ^e,  "arrived 
in  this  city  on.  this  evening" — and  he  only  retunjs  to  the 
subject  to  say,  in  a  letter  of  the  14th  of  July  to  Jefferson : 
"  Col.  Burr  continued  in  this  city  ten  or  twelve  days,  and 
was  received  with  polite  attention.  He  has  departed  for 
St.  Louis,  and  proposes  to  return  to  New  Orleans  in 
October  next."  Purton,  his  late  biographer,  writes  that 
Burr  was  received  everywhere  in  that  city  as  the  great 
man,  and  was  "  invited  by  Governor  Claiborne  to  a 
grand  dinner,  given  to  him,  and  which  was  attended  by 
as  distinguished  a  company  as  New  Orleans  could 
assemble."  f  Whether  Burir  swelled  the  number  of  those 
"dangerous  Americans  who  sympathized  with  the 
Spaniards,"  and  of  whom  Governor  Claiborne  complains, 
does  not  appear,  but  it  is  to  be  presumed  that  the  "  great 
man^''  the  friend  and  prot^g^  of  Wilkinson  at  the  time, 
could  not  but  have  given  to  the  Spaniards  some  satisfac- 
tory intimation  of  what  had  brought  him  to  New 
Orleans,  or  Wilkinson,  their  pensioner  and  spy,  would 
not  have  countenanced  him  so  openly  in  those  critic^ 
circumstances,  when  so  many  dark  intrigues  were  evi- 
dently on  foot.  Whatever  they  were,  it  seems  that  Clai- 
borne's apprehensions  had  recently  been  much  allayed, 
for,  on  the  27th  of  July,  he  wrote  to  Madison  that  the 
police  of  the  city  having  become  vigilant,  and  the  civil 
authorities  throughout  the  province  being  thoroughly 
organized,  he  could  no  longer  see  any  necessity  for  the 
stationing  of  regular  troops  in  the  interior  of  the  colony. 
"  In  this  city,"  said  he,  "  one  company  might  be  usefully" 
employed  as  a  guard  for  the  public  property,  but  a 


*  Porton's  Life  of  Burr,  p.  898.  f  Do.  do.,  page 

I  Claiborne  to  Madison,  Ex.  Journal,  vol.  1,  page  217. 

a 


4  • 


i'r  .  '■■:%'.■.""'■■  -i"'' 
•.  ».';'V  I'-'rr..  ' 

•.,:;S'^' ■■■;.■■• 
*.,  I.J1' "■■■■  .;''.n. 


!  ■..'; 


■MJ^' 


*»'■*  .-ll  i 


t 


.^■, 


1  ■.  ■ 


to   1)6    unnecessavy.       i^ 
creator    uumter    ''Pff%™J„e..u.,«,«,ortUe  erecting 
f  re«g*e,nug  of  the  lort«  <^^J^^l^  ^^  the  Mfe».«BWi 
nf Tnew  fort  at  some  ^to»g.f f*'°  oViect  worthy  the 
toHow  Orleans,  leoBSide'  an  obj^^.^  ^^^ 

Mention  oi  ^^-^^X^ZZ''  ^«^'''£^ 

post,     ioguaiu,  regular  torce  »"  l' 

itmi-UbBadvl8aHetoha^ea     b    ^^  ^^  ^^^  ^^ect  a« 

^  1.1..  tliemto  act  with  prompt         ,  r    aiiig  tliis 

Adams."       •     ^,       f  notice  that  during  the  sojourn  ot 
But  it  is  worthy  ot  f  *'°X  ooth  of  June  to  the  14tli 
B  m.  in  New  Orleans,  fr-m  *«  ;«'';,„t„„  ti^at  there  was 
^.  Tulv  ItwaB  deternnned  »»  ^ f^  ^'      flence  l>etween 
fhcieut  cause  for  a  ^''"'•^  ''TS;^^^  andtoaccom- 
?,;S  and  *^^'';SnrtenrTotheG<«^-. 
pliBh  that  pnrposc,  »  '«PJ«^  ^  t^.^eof  on  the  12th  ot 
ll>o  acknowledged  the  '^'='*'P'    n  ,^hat  was  it  which  it 
AAicrutt  ■  ^Vhat  had  tapP""^^'^"^  "I,  public  eye,  from 
S;-ed  proper  *«  T^^Xtng  is  left  here  or 
that  time  to  the  present  day  .  jj,„t„re ;  and  the 

to  explore  ^'"^f  ^^-^f^Sillties  l  to  be  accepted 
•rcumstantial  evidence  «tPioo  ^^^^^  ^^.^^j  ^3. 

Xd  of  f;P°tTstno    often  that  the  hi.™ 
certained  facts.    It  is  ^^  ^^    discovers  that  there 

when  consulting  offleialaocnn       ,     ^^  ^^^^  ^^^      ,^ 

are  secret  ones  which  wffl  ^e^      .^^^^^,,  cannot  be 
out  which  the  events  ^ , !,  -Bweciated. 
Longhly  sifted  »^^2n?Cmed  to  he  at  this  tm,, 

!-:r.SrSnrsni.or  .stance,  as  the 


m 


1805.] 


THE   SPANIARDS    UNWILLTNO  TO   DEPART. 


88 


lis  tune, 
le  dispo- 
can  Gov- 


granting  (»f  passports  to  an  American  f^xploring  expedi- 
tion, whicli,  under  the  command  of  Dnnhar,  was  to  go  up 
Red  River  into  the  Spanish  Provinces — and  such  as  the 
surrender  of  shives  who  had  run  away  from  the  Natchi- 
toches District  into  Texas — still  he  had  not  ceased  to  be 
exceedingly  anxious  that  the  Spanish  officers  should  re- 


t.!. 


move  out  of  the  ''l'erritor\ 
cers  seem  to  forget  the 
had  received  on  the  9ti 
objected  to  being  taxed, 
slaves  and  other  propei  i  \ 


"tai 


But  not  only  did  those  offi- 
tion  to  depart,  which  they 
ber,  1804,  but  they  even 
•  rest  of  the  citizens,  for 
which  they  had  in  the  Terri- 
tory. To  their  remonstrances  on  the  subject  Claiborne 
replied :  "For  myself,"  he  said  in  a  letter  to  Casa  Calvo, 
"  I  cannot  see  with  what  propriety  the  individuals  gen- 
erally claiming  io  be  officers  of  Spain,  and  who  reside  in 
tliis  Torritory,  can  claim  any  exemption  from  the  muni- 
cipal laws.  How  far  your  Excellency,  and  the  gentlemen 
attached  to  your  family,  to  whom  I  am  disposed  to  pay 
every  attention  in  my  power,  may  be  entitled  to  any  pecu- 
liar exemption  from  the  operation  of  the  municipal  laws 
of  this  Territory,  is  a  question  on  which  I  sha  I  solicit 
the  opinion  of  the  Secretary  of  State  of  the  United 
States."  He  also  availed  himself  of  this  occasion  to  re- 
mind the  Marquis  that,  by  the  treaty  of  the  30th  of 
April,  1803,  a  period  was  prescribed  within  which  the 
forces  of  his  Catholic  Majesty  should  be  withdrawn  from 
the  ceded  Territory.  "  Subsequently  to  the  expiration 
of  that  period,"  said  he,  "  your  Excellency  was  urged  to 
direct  the  departure  of  certain  officers  who  had  contin- 
ued in  the  Territory  so  long  beyond  the  right  and  the  oc- 
casion for  it.  But  they,  nevertheless,  remain  stationary, 
and  the  circumstance  furnishes  ground  to  believe  that 
some  of  them  contemplate  a  permanent  residence."  Com- 
menting on  the  subject  in  a  dispatch  to  Madison*  dated 

*  Executive  Journal,  vol.  1,  p.  230. 


'la 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


1.25 


m  m 


12.2 


£   1^    12.0 


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Sciences 
Corporalion 


33  VMBT  MAM  STMBT 

Wnsm,N.Y.  MSM 

(71*)  172-4509 


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84 


CLAIBORNE'S  BEMON8T«ATrOE8. 


[1806. 


-I         «;i .  "  You.  no  doubt, 

^1  be  surprised  to  see  so  ma  y         |      ^^  Louisiana, 

city.    The  f'«=*/^'*'"^,trirtbem  to  depart."    But 

and  iie«<««*y  t"-'^nVwtrMid  there  was  a  charm 
Casa  Calvo  had  wmn  ug  wa>  J   ^^.^^^^  ^^  ^ost 

in  his  deportment  "h'f  "'"'r^.   eompWuts,  to  show 

compelled  him,  »»f  ^^^^f^  Xrs.    This  is  den.- 
great  forhearance  to  the  Spamsn  ^^  ^^^^^ 

fnstrated  by  the  lettei*  J^^.^^  ^^  ^  ^^     our 
he  wrote  to  Casa  Calvo  .r  .^  ^^^^  ^^„„, 

Excellency  of  *\?f"lrionally  passed  hetween 
communications  T^^^- ~V  ^  ^^  y,„,  We^ 

na  There  is  a/™"™*?,  ?  consideration  on  my  part, 
which  entitle  them  ^  l"g^  ~"^„ed,  *iid  not  without 
Therefore,  although  \Y\77^B^\^  authorities  in 
cause,  of  the  g^-*  f  ^^.l^^Zribed  for  their  de- 
this  Territory  W""*  *?*  *'^*^„  disposed  to  make 

parture  I  '^''^^/^f  Sties  which  yo^^  have  sug- 
great  allowance  for  the^™?^  j  ^^^  disposition  of  your 

lested,  and  -^♦""yn!  toa^may  de^ud  upon  your 
Ixcellency  to  execute,  »'/"  »f"/^  f^th,  thestipula- 
agency,  with  promptitude  and  in  go 

tions  of  the  treaty."  ,„„.ot  rdations,  and  the  fa- 

Notwithstandmg  tli"?!  P^"^^;;^^  these  two  ofScers, 

yorable  dispositions  e™*"'?^^^'^!^;^  of  the  country 

Ihe  report  of  the  ^'^ :t^2g  H""!' «~""^' *'^ 
w«t  of  tlie  Mis^™"^-^?  «  consequences  which 

Claiborne,  becoming  '^'■^^JL^^^  and  asked  hun  if 
niight  follow,  called  on  *«  ^5^^^^  was  circulated. 

•    he  knew  on  what  ''"t^""' ^  *"  Xe,  and  added  that 
The  Marquis  answered  in  the  n^^         ^^^^ 

he  understood  that  the  ne^^on«^J«j^^  ^^^    He 

'"  ?*"°'  -rthlt  tl  MinuC  of  State,  Cevallos,  had  in- 
further  said,  that  the  Mm 


1806.] 


CLAIBOBNE  AND  GASA   OALVO. 


m 


fonned  him  (Casa  Calvo)  that  the  desire  of  the  Court 
of  Spain  was  to  make  the  Mississippi  the  boundary,  and 
that  their  expectation  was  to  obtain  this  object  in  due 
time.  "  The  Marquis,"  said  Cktibome  to  Madison,*  "  de- 
livered himself  in  the  French  language.  From  my  im- 
perfect knowledge  of  French,  it  is  possible  that  I  may 
have  misunderstood  some  of  his  expressions,  but  I  am 
sure  I  gave  you  the  substance  of  what  he  said.  The 
prospects  of  a  retrocession  of  the  west  bank  of  the  Mis- 
sissippi is  now,  and  has  always  been,  the  theme  of  the 
Spanish  officers  who  remain  in  the  Territory,  and  many 
citizens  seem  to  view  it  as  an  event  likely  to  happen ; 
an  impression  which  I  greatly  regret,  since  it  tends  to 
lessen  their  confidence  in  the  American  Government,  and 
to  cherish  a  Spanish  party  among  us.  Next,  therefore, 
to  a  final  adjustment  of  limits  with  the  Spanish  Govern- 
ment, I  most  desire  to  see  every  Spanish  officer  removed 
from  the  ceded  Territory.  There  must  certainly  be  a 
power  existing  somewhere  vested,  to  cause  to  be  exe- 
cuted the  clause  lA  the  treaty  which  directs  the  Spanish 
forces  to  be  withdrawn  within  three  months  from  the 
ceded  Tenitory,  and  I  should  be  pleased  to  have  it  hint- 
ed to  me  that,  in  my  character  as  commissionor  or  Gov- 
ernor, T  could,  on  this  occasion,  take,  if  necessary,  com- 
p^tlbOry  measures." 

The  Government  of  the  United  States,  however,  had 
not,  so  far,  shown  itself  disposed  to  pursue  such  a  course, 
and  Claiborne,  on  the  20th  of  August,  departed  from 
New  Orleans,f  on  a  journey  to  several  of  the  counties 
of  the  Territory.  In  undertaking  this  excursion,  he  had 
two  objects  in  view  :  the  one  was  to  benefit  his  much- 
impaired  health  ;  and  the  other,  to  assist  personally  in 


*  Executive  Journal,  vol,  1,  p.  268. 
f  Executive  Journal,  vol..  1,  p.  268. 


:'*} 


'if.  „ 


W" 


-Mi 


PiT: :•*,.;.■...  ■!.;, 
i  '^t^i .    «'  11  ,1. : , 
i  >,.£;■  « •■  ',   ".    ..a 

'-  '   •,  -""'T"  "    »■  ■  ■  .i' 


r'  "v.  ■ 

-     t    ..      ,  ( 


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i 


r  . 


,1? 


DEPAETUBE  OF.  CASA  CALVO. 


[1805. 


ani,  considerbg  t^^^/tte  £4  States  had  taken 
meuts  of  Spain  and  of  the  ^^fpi^^,^e  arrived  at 
towai-d  each  other     On  Ae  26*^,^        j^^^y  of  the 

Baton  B«nge,  ^^^  I'"'^^°*  de  Grandpr-  "I  ^vas 
Spanish  Govemor.Don  Carlos  deui^_.^^.^^  ^^^^ 

r^rodnced,"  wrote  Clf  »»«J^,^tr  sWeral  months, 
where  the  Governor  has  ^^f^^  ^^  j,i«  associates 
from  an  apprehension  that  Kemper  ^he 

still  meditated  an  attack  agam^  ^  ^f  ^^paired,  tat  the 
fort  of  Baton  Kouge  has  ^^^  ^^  J,  ^  defended 
works  are  iU-constrncted,  f^^.^^'  thousand  men ; 
torn  assault  by  a  less  '^""J^^  j^„^r":elected,  for  it  is 
tVe  seat  has  also  ^««" '^"f^^^eV'^  a  quarter  of 
commanded  by  g'-""^^^" "^  New  Orleans,  Glav 
a  mile  distant."    On  his  return  ^^^^.. 

tame  informed  Mf^^^^^lnd  a.y  event  in 

thing  tranqud    «"f,,^^,"ritory  would  take  an  agency 
which  the  people  of  the  T^nt^  ^^  ^^ 

wHch  would  subject  the  go  ^^^j^^^^  the 

„,ents."    But  he  ,'»^^^; "^^^'este^ed  here  as  highly 
United  States  and  Spain  was  eswe^^ 

protable,  and  e^<**f  ,""itlCihe  Marquis  of  Casa 
'  At  last,  on  the  l^*/ j>"i"r^;*  i„  accordance  with 
Calvo  departed  from  New  Ori^ns^^  ^  ^^^^^^^^ 

a  previous  •'"t^t^'^tntk.ns    which  were-to  pass 
explanatory  of  his  intentions,  wn  ^,^^^^  ^ 

Sough  iayou  Lafourche   and  ttaB^.  ^,^  g^.i, 
the  sea,t  and  thence  ^  thejn  ^^^  ^^^  ^^  ^^ 

■    which  he  proposed  ^  ascend  M^  stated 

Adais.    In  making  this  e^;"^,^,  ,„«  to  enjoy  the 
that  he  had  two  objects  in  view. 


*)■ 


1805.] 


OASA   OALYO  GOES   TO  TEXAS. 


87 


amusement  of  hunting  ;  the  other,  to  acquire  some  geo 
graphical  knowledge  of  the  country,  and  in  particular, 
to  ascertain  the  latitude  of  the  Post  of  Adais,  and  to 
make  an  examination  for  some  stone  posts,  which  were 
said  to  have  been  deposited  somewhere  in  its  vicinity, 
and  immediately  on  the  line  which  was  formerly  estab- 
lished between  the  French  and  Spanish  possessions 
west  of  the  Mississippi.  "  I  expressed  to  the  Maixjuis  a 
wish,"  wrote  Claiborne,  "  that,  on  his  arrival  at  the  Post 
of  Adais,  he  should  be  joined  by  an  limerican  officer 
from  the  garrison  of  Natchitoches,  who  should  witness 
his  proceedings,  and  make  report  to  me  thereof.  To 
which  proposition  the  Marquis  having  assented,  Captain 
Turner,  who  speaks  the  French  language,  has  been  se- 
lected to  accompany  him."  One  of  the  instructions  to 
Turner  was  to  ascertain  the  longitude  and  latitude  t)t 
several  points  in  the  country  to  be  visited,  and  also 
the  line  of  demarcation  which  had  formerly  existed  be- 
tween the  Spanish  and  French  Territories.  He  was 
further  requested  to  collect  whatever  other  information 
might  be  useful  for  the  Government,  ^'  although  it  did 
not  come  within  his  instructions."* 

On  the  24tu  of  October,  Claiborne's  apprehensions  of 
an  attack  on  Louisiana  from  the  Spaniards  had  bficome 
much  keener,  and  were  founded  on  infoimation  which 
he  had  lately  recei^^ed,  and  which  he  thought  oorrect. 
Thus  he  believed  that  tour  hundred  Spanish  troops  had 
recently  arrived  at  Pensacola,  and  that  a  largei*  number 
was  daily  expected  ;  that  three  hundred  men  had  been 
ordered  to  Baton  Rouge,  and  that  eight  hundred  had 
leen  posted  in  Texas,  near  the  frontiers  of  Louisiana. 
He  was  well  assured  that  a  Spanish  agent  had  contract- 
ed for  the  delivery  at  Mobile  of  four  thousand  barrels  of 

*  Executive  Jonmal.    Claiborne  to  Turner,  14th  October.    Vol.  1,  p.  264. 


% 


88 


CLAIBORNE  PREt»ARES   FOR  WAR. 


[1805. 


'  w  ?.*  *  .til 


i-i'.^.**  •■."l' 


1  'r'ii  "^iS'  '•■• 


■'i  •?■!/ 


F  ^   :.   i    k       ", 


f! 


i 


/ft 


.  ^    . 
1.. 


flour,  and  that  the  same  agent,  not  being  enabled  to 
procure  by  contract  the  delivery  of  four  thousand  pairs 
of  shoes  at  the  same  point,  had  purchased  a  quantity  of 
leather.  So  convinced  was  Claiborne  of  impending 
danger,  that  he  wrote  to  Robert  Williams,  Governor  of 
the  Mississippi  Territory,  to  give  him  timely  notice  of 
the  coming  storm.*  "  I  am  pei-suaded,"  says  he,  '*  that 
the  Spanish  agents  in  our  vicinity  calculate  on  an  im- 
mediate rupture,  and  that  they  are  making  all  the  prep- 
arations which  their  means  permit,  to  commence  the 
war  in  this  quarter  with  advantage.  Until,  therefore, 
we  have  information  of  an  amicable  settlement  of  differ- 
ences, or  some  strong  assurances  that  hostilities  will  not 
be  resoned  to,  permit  me  to  advise  that  you  remain  at 
your  post.  I  well  know  that,  if  you  were  to  depart  for 
North  Carolina,  and  any  difficulties  should  arise  in  your 
absence,  you  would  be  extremely  mortified,  and,  there- 
fore, although  I  strongly  hope  that  peace  may  with 
honor  be  preserved,  yet,  as  war  may  speedily  commence, 
I  should  regret  your  absence  from  a  position  where  you 
might  be  among  the  first  to  partake  of  the  danger  and 
the  glory  of  defending  our  country."  These  were  noble 
sentiments,  and  Claiborne  proceeded  to  act  in  accordance 
with  them,  by  providing  himself  and  bis  friend,  the 
Governor  of  Mississippi,  with  that  weapon  which  every 
brave  tand  longs  to  grasp,  when  laurels  are  to  be  won ; 
for  he  concludes  the  communication,  from  which  I  have 
made  the  preceding  extract,  with  these  words : — '*  I  have 
purchased  for  you  an  elegant  sword  ;  it  is  similar  to  one 
I  have  purchased  for  myself,  and  is  said  to  be  the  kind 
of  small-arms  at  present  worn  by  the  generals  in 
France." 

On  the  30th  of  October,  Claiborne  was  confirmed  in 

*  Claiborne  to  Williams,  24th  October,  Executive  Journal,  vol.  1,  p.  279. 


'h- 


1806.]  SUSPICIOUS   MOVEMENTS   OF   CAS  A   CALVO. 


89 


his  apprehensions  of  a  rupture  between  Spain  and  the 
United  States.  A  governor-general  of  the  province  of 
Texas  had  arrived  at  San  Antonio,  and  as  lie  was  a  brig- 
adier-general  and  was  said  to  possess  military  talent,  the 
fact  was  looked  upon  as  not  without  signification.  Be- 
sides, a  fort  had  been  erected  on  the  Trinity  River,  and 
occupied  by  a  garrison  of  two  hundred  men,  the  greater 
part  cavalry.  "The  conduct  of  the  Spaniards  in  this 
quarter,"  wrote  Claiborne  to  Dearborn,  Secretary  of 
War,  "  is  highly  exceptionable,  and  manifests  a  hostile 
disposition."  At  the  same  time,  heavy  duties  were  lev- 
ied by  the  Spanish  authorities  in  Mobile  on  all  American 
vessels  navigating  up  the  Tombigbee  River  from  the 
ocean.  Clailjorne  strongly  remonstrated  in  a  *  communi- 
cation to  Governor  Folch  against  the  vexations  thus  in- 
flicted, and  which  were  calculated  to  weaken  the  good 
understandii'g  which  should  have  existed  between  the 
two  nations.  He  further  complained  of  the  considerable 
armaments  of  the  Spaniards,  and  demanded  explanations 
on  the  subject,  considering,  said  he,  "  that  negotiations 
between  our  respective  governments  are  still  in  train." 

Claiborne  kept  his  eyes  always  vigilantly  open  on 
Florida  and  Texas,  and  was  somewhat  solicitous  about 
the  movements  of  Casa  Calvo  in  the  latter  territory. 
New  Orleans  was  fruitful  in  reports  on  the  subject.  It 
was  generally  believed  that  the  Marquis  had  taken  with 
him  a  considerable  sum  of  money.  Some  said  that  he 
was  to  meet  on  the  frontiers  of  Texas  three  thousand 
troops,  of  which  he  was  to  take  the  command;  others 
that  he  was  engaged  in  sowing  discontent  among  the 
people  of  the  western  part  of  Louisiana ;  many  were 
under  the  impression  that  the  money  carried  away  by 
the  Marquis  was  destined  to  conciliate  the  Indians  to  the 

•  BxecutiTe  Joomal,  page  382,  vol.  l.r-DiBpatoh  of  the  Slat  Oct.,  1806. 


4  :,.>f,f. 


'W!^^' 


90 


CLAIBOUNE   ASKS   FOIl    REINFORCEMENTS. 


[1806 


m 


.f 


r^^:m-' 


'('l  Oj 


4f:5!j^:, 


Spanish  interest  in  case  of  a  rupture  with  the  United 
States.  There  were  some  who  suspected  that  all  these 
objectk^  together  were  within  the  compass  of  his  journey. 
Various,  indeed,  were  the  conjectures,*  and  the  news 
>vhicli  Claiborne  i  oceived  ^from  time  to  time  was  not 
such  as  to  quiet  the  excitement  of  the  public  mind. 
"  Some  troops,"  wrote  Dr.  Sibley  to  him,  "  have  arrived 
at  Nacogdoches — it  is  said  two  hundred ;  and  it  is  like- 
wise said  they  are  going  to  fortify,  in  a  short  time,  within 
five  or  six  leagues  of  Natchitoches.  Considering  the 
attachment  to  them  of  their  militia,  and  the  contrary 
toward  ns  of  our  militia,  they  are  stronger  than  we  are, 
counting  numbers."  In  such  an  emergency,  Claiborne 
hastened  to  write  to  Madison :  f  "  The  regular  troops 
here  are  few  in  number,  nor  can  I  rely  with  certainty  on 
the  body  of  the  militia.  I  believe  that  many  of  the  Cre- 
oles of  the  country  would  be  faithful  to  4he  American 
Grovernment,  but  perhaps  a  majority  of  them  would  re- 
main neutral,  and  I  am  inclined  to  think  that  most  of 
the  Frenchmen,  and  all  the  Spaniards  who  reside  here, 
in  the  event  of  war,  would  favor  the  Spanish  interest. 
These  are  my  impressions,  and  I  deem  it  a  duty  to  im- 
part them  to  you." 

After  having  given  tnis  information,  Claiborne  urged 
the  sending  of  reinforcements  to  him  as  soon  as  possible. 
He  advised  that  Forts  St.  John  and  Plaquemines  be  re-" 
paired  and  placed  in  a  state  of  defence ;  that  the  troops 
at  Fort  Adams  be  removed  to  Pointe  Couple ;  and  that 
the  troops  in  New  Orleans,  leaving  only  a  necessary 
guard  for  the  public  stores  and  barracks,  be  posted  at 
Fort  St.  John,  and  above  and  below  the  city  of  New  Or- 
leans at  suitable  positions,  not  more  than  six  miles  dis- 
tant from  the  city.     He  thought  that,  by  these  measures, 


< 


*  Executive  Journal,  Claiborne  to  Madiso;i,  6th  November,  vol,  1,  p.  386 
f  Executive  Journal,  vol.  1,  page  288.  ' 


1806.] 


OliOANIZATION   OF  THE  MILITIA. 


91 


the  pasBttge  of  a  hostile  army  by  way  of  the  lakes,  or 
from  Baton  Rouge,  or  from  the  inoutli  of  the  river,  might 
be  opposed,  and  that,  in  this  manner,  "  various  rallying- 
points  would  be  presented  for  the  patriotic  citizens  of 
the  militia."  The  vigilance  of  Claiborne  continued  to 
rise  in  proportion  with  the  increase  of  danger,  and,  on 
the  7th  of  November,*  he  wrote  to  the  Secretary  of  War: 
"  I  haye  no  doubt  but  that  we  have  a  few  Spanish  sol- 
diers in  this  city,  who  have  disguised,  their  outward 
garb.  The  inclosed  deposition  will  give  some  informa- 
tion concerning  them ;  their  movements  will  bq  watch- 
ed, and  such  measures  adopted  as  their  conduct  may 
justify." 

'  When  hostilities  were  thus  within  the  range  of  prob- 
abilities, Claiborne  felt  himself  compelled  to  give  much 
attention  to  the  organization  of  the  militia#  Conspicu- 
ous among  the  different  corps  was  the  battalion  of  Or- 
leans, which  was  composed  of  Americans,  and  of  Creoles 
of  Louisiana,  who,  wrote  Claiborne  f  to  Madison,  "  pos- 
sess a  great  share  of  military  ardor."  But  Graham,  the 
Secretary  of  the  Territory,  seems  to  have  had  but  an  indif- 
ferent opinion  of  the  efficacy  of  the  militia.  In  a  com- 
municution  to  the  Secretary  of  War  at  Washington  he 
said :  J  "  My  own  opinion  is  that  it  is  not,  nor  ever  will 
be,  equal  to  the  defence  of  the  Territory.  The  climate, 
the  nature  of  the  country,  which  does  not  admit  of  a  thick 
populatien,  and.  above  all,  the  number  of  negroes,  will 
ever  make  this  a  feeble  part  of  the  Union,  even  if  the  Cre- 
oles should  be  tempted  to  shoulder  their  muskets  and  feel 
as  Americans.  In  this  city  there  are  sOme  volunteer  corps 
which  might,  I  believe,  be  depended  upon,  and  no  doubt, 
in  case  of  an  emergency,  others  might  be  raised,  but  these 

■".-■     .  ■  '^-^ 

*  Executive  Jom-nal,  vol.  1,  p.  289. 

f  Executive  Journal,  vol.  1,  p.  391.  j 

i  Executive  Journal,  vol.  2,  p.  19,  I36tli  December,  180S.  ^ 


1. 


yp 


•>« 


E         ,P     .^■.  I,  ■   .(..      .  Jr' 

liVpt  t::  ■■'•.   -  1   ' 

I  •>•.-"'■•.■:  >..•'>* 
,■«  ,■■"  \'   J.  <  ■  * 

■  1,  •.•►  ^if:  *.fL 


m 


IfEGOTIATIONS   WITH  SPAIN. 


[1805. 


would  consist  of  men  who  could  not  leave  the  city  for 
any  length  of  time." 

After  having  taken  a  view  of  what  was  occurring  be- 
tween the  Spaniards  and  Americans  in  Louisiana,  and  in 
the  neighboring  provinces,  it  is  proper  now  to  examine  the 
course  pursued  by  the  two  governments  at  Madrid  and 
Washington.  On  the  4th  September,  1803,  Casa  Irujo, 
the  Spanish  Minister  at  Washington,  had  protested  in 
the  name  of  his  Government  against  the  cession  of  Louis- 
iana to  the  United  States ;  *  but,  on  the  10th  of  Feb- 
ruary, 1804,  he  had  informed  the  Government  of  the 
United  States  that  he  had  received  orders  to  declare  that 
his  Catholic  Majesty  "had  thought  St  to  r»T)ounce  his 
opposition  to  the  alienation  of  Louisiana  made  by  France, 
notwithstanding  the  solid  reasons  on  which  it  was  found- 
ed, thereby  giving  a  new  proof  of  his  benevolence  and 
friendship  toward  the  United  States;"  and,  on  the  15th 
of  May,  the  minister  had  repeated  the  same  declaration, 
coupled  with  the  hope  "  that  the  United  States  would 
correspond,  with  a  true  reciprocity,  with  the  sincere 
friendship  of  the.  king,  of  which  he,  the  king,  had  given 
so  many  proofs." 

There  were  pending,  however,  between  the  two  Gov- 
ernments, questions  which  were  soon  destined  to  test 
their  mutual  forbearance  and  friendship.  The  principal 
ones  were  those  originating  in  the  claims  of  the  United 
States  concerning  the  limits  of  Louisiana  and  th^  injuries 
done  to  American  commerce  by  France,  with  the  assent 
or  acquiescence  of  Spain,  and  for  which  therefore  she 
was  held  responsible.  These  questions  were  discussed 
with  great  ability  on  both  sides,  and  the  arguments  would 
fiU  up  a  large  volume,  but  did  not  lead  to  any  satisfactory 
conclusion.    At   last,   on  the   5th  of  July,  1804,  the 


tO«t    ., 


*  Gayarre's  Spanish  Domination  in  Louisiana,  p.  684. 


1806.] 


PIKOKNST  AND  OBTALLOS. 


98 


American  Minister  at  Madrid  wrote  to  Gevallos,  the 
Sponisli  Minister  of  Foreign  Aifairs,  a  note  which  was 
couched  in  the  terms  of  an  ultimatum,  and  in  which  he 
said, "  I  wish  to  have  your  Excellency's  answer  as  quickly 
as  possible,  as  on  Tuesday  I  send  a  courier  with  circular 
letters  to  all  our  consuls  in  the  ports  of  Spain,  stating 
to  them  the  critical  situation  of  things  between  Spain 
and  the  United  States,  the  probability  of  a  speedy  and 
serious  misunderstanding,  and  directing  them  to  give 
notice  thereof  to  all  our  citizens,  advising  them  so  to 
arrange  and  prepare  their  affairs  as  to  be  able  to  move 
off  within  the  time  limited  by  the  treaty,  should  things 
end  as  I  now  expect.  I  am  also  preparing  the  same  in- 
formation for  the  commander  of  our  squadron  in  the 
Mediterranean  for  his  own  notice  and  government,  and 
that  of  all  the  American  merchant  vessels  he  may  meet."* 
On  the  8th  Gevallos  replied  by  a  note,  in  which  he  re- 
monstrated against  the  menace  implied  in  the  American 
Minister's  communication,  and  said,  "The  King,  my 
master,  cannot  persuade  himself  that  such  language  is 
conformable  to  the  moderation  which  he  appreciates  in 
the  American  Government."  On  the  14th,  Mr.  Pinckney 
disclaimed  all  idea  of  having  intended  to  take  a  menacing 
tone  toward  Spain,  but,  at  the  same  time,  maintained  that 
the  position  he  had  assumed  was  justified  by  the  ex- 
traordinary language  used,  and  the  extraordinary  course 
pursued  by  the  Spanish  Government.  He  said,  "  I  have 
repeatedly  told  your  Excellency  that,  as  to  the  two 
questions  of  abandoning  the  French  claims,f  or  consent- 
ing to  anything  to  affect  the  limits  of  Louisiana,  my  in- 
structions are  as  positive  us  possible  never  to  abandon 
the  one,  or  enter  into  any  contract,  or  even  negotiation, 
respecting  the  other."    And  he  further  held  this  em- 

*  Appendix  to  Gales  &  Seaton'a  8th  Congrem,  3d  Session,  p.  ISlf . 
' '  f  For  which  French  dalms  Spain  was  held  responsible. . 


'& 


t ■/  '4  ■ 

'  1** 


.  1  ■• 


94 


MONROE   BENT  TO   HPAFN. 


[1800. 


pliatic  lan£^ua2fe :  "  In  all  tlie  fHfference«  between  Great 
Britain  and  France,  the  United  States  have  unitbrinly 
maintained  their  rights  with  a  firranesH  tjuit  has  done 
them  honor  in  the  opinion  of  every  nation;  and  as  I 
have  often  told  }'onr  Kxcellency,  it  is  not  to  Si)ain,  or 
any  other  nation,  they  will  yield  them."  This  lofty  tone 
was  met  with  a  corrcspondmj^  spirit  by  Cevallos,  and 
both  Ministers,  with  iqu'.l  tenacity,  seemed  determined 
not  to  yield  an  inch  to  ri;.;h  other. 

Snch  a  turn  of  affairs  rendered  it  expedient,  in  the 
opinion  of  the  President,  to  send  a  special  envoy  to 
Madri<i,  with  a  view  of  making  a  last  effort  to  arrange 
matters  amicably  with  Spain,  and  he  selected  Mr.  Monroe, 
who  was  instructed  to  proceed  from  London  to  Madrid, 
and,  on  his  route,  to  avail  himself  in  Paris  of  every 
opportunity  which  might  present  itself  for  ascertaining 
and  turning  to  just  account  the  dispositions  of  the  French 
Government  with  regard  to  the  questions  depending 
between  the  United  States  and  Spain.  In  his  instructions 
of  the  2Gth  of  October,  1804,  given  to  Monroe,  the  Sec- 
retary of  State  said,  "  Notwithstanding  the  rumor  which 
appears  to  have  spread  in  Europe  of  an  impending  rupture 
between  Spain  and  the  United  States,  there  is  nothing 
in  the  avowed  sentiments  of  the  Spanish  Government, 
and  certainly  nothing  in  the  sound  policy  of  Spain,  to 
justify  an  inference  that  she  wishes  to  be  no  longer  at 
peace  with  us.  It  may  reasonably  be  expected,  therefore, 
that  }'ou  wdl  meet  with  a  friendly  reception.  In  return, 
you  are  authorized  by  the  President  to  give  every  proper 
assurance  of  the  desire  of  the  United  States  to  maintain 
the  harmony  and  to  improve  the  confidence  between  the 
two  nations ;  and  with  this  view  to  hasten,  by  frank 
elucidations  and  equitable  accommodations,  a  removal 
of  every  source  from  which  discord  might  arise."  Mr. 
Monroe,  in  passing  through  Paris,  had  no  diflSculty  in 


1805.] 


FBANOE   UNFAVOUABLE  TO   THE    L'.    H. 


1)5 


a^certttiuing  that  the  French  Oovernmeiit  took  of  the 
quoBtioiiH  depending  between  Spain  and  the  United  States 
a  very  ditt'erent  view  from  that  wliich  wan  expected  or 
desired  by  the  President ;  for,  on  the  21st  of  Deceni])er, 
1804,  Talleyrand  had  made  to  General  Armstrong,  the 
American  Minister  at  Paris,  a  connnunication  which  left 
no  doubt  on  the  subject,  and  in  which  he  used  this  very 
significant  language:  "His  Imperial  Majesty  has  seen 
with  pain  the  United  States  commence  their  differences 
with  Spain  in  an  unusual  manner,  and  conduct  them- 
selves toward  the  Floridas  by  acts  of  violence,  which, 
not  being  founded  on  right,  could  have  no  other  effect  but 
to  injure  its  lawful  owners.  Such  an  aggression  gave  the 
more  suiprise  to  his  Majesty,  because  the  United  States 
seemed  in  this  measure  to  avail  themselves  of  their  treaty 
with  France  as  an  authority  for  their  proceedings,  and  be- 
cause he  could  scarcely  reconcile  with  the  just  opinion 
which  he  entertains  of  the  wisdom  and  fidelity  of  the  Gen- 
oral  Government,  a  course  of  proceedings  which  nothing 
can  authorize  toward  a  Power  which  has  long  occupied, 
and  still  occupies,  one  of  the  first  ranks  in  Europe." 

This  communication  shows  that  time  had  made  no  al- 
teration ill  the  determination  of  the  French  Government; 
for  General  Armstrong,  in  a  dispatch  of  the  12  th  of 
March,  1804,  had  written  to  Mr.  Monroe  long  before  he, 
Monroe,  had  been  requested  to  proceed  to  Madrid  to 
settle  these  Spanish  difficulties  :*  "  The  moment  I  receiv- 
ed your  letters  of  the  15th  and  26th  of  Februaiy,  I  took 
measures  to  sound  this  Government  on  the  present  pos- 
ture of  things  at  Madrid,  which,  on  the  authority  of  your 
communication,  I  represented  as  strongly  indicating  a 
rupture  between  the  United  States  and  Spain.  ... 
To  the  question,  what  would  be  the  course  of  this  Gov- 

•  Gales  &  Seaton,  p.  1862. 


mm 


\imi 


t>l!^^ 


.^{.^t- 


«y: 


96 


NEGOTIATIONS  WITH  SPAIN. 


[1806. 


ernment  in  the  event  of  a  rupture  between  us  and  Spain, 
they  answered :  '  We  can  neither  doubt  nor  hesitate ,  we 
must  take  part  with  Spain.'  In  another  dispatch  of  the 
18th,  he  said :  *  Another  experiment  has  been  made,  but 
witliout  producing  any  result  propitious  to  our  objects. 
Nay,  the  more  this  subject  is  discussed,  the  more  deter- 
mined are  they  in  maintaining  the  doctrines,  and  pursu- 
ing the  conduct  indicated  in  my  letter  of  the  12th.' "  On 
the  23d  of  May,  1805,  Mr.  Madison,*  alluding  to  these 
two  communications  from  General  Armstrong,  wrote  to 
Mr.  Monroe:  "From  these  communications  it  appears 
that  France  has  arrayed  herself  on  the  side  of  Spain  in 
such  a  manner  that  Spain  will  neither  be  disposed  nor 
be  permitted  to  bend  to  oui*  claims,  either  with  respect 
to  West  Florida,  or  the  French  spoliations." 

In  the  mean  time,  Monroe  and  Pinckney  had  jointly 
resumed  the  suspended  negotiations  at  Madrid,  but  they 
had  no  favorable  results.  On  the  contrary ,they  seemed 
to  have  exacerbated  the  feelings  of  irritation  already  ex- 
isting, as  appears  by  a  joint  note  addressedf  by  Monroe 
and  Pinckney  to  Cevallos  on  the  9th  of  April,  1805,  in 
which  they  said,  "  The  undersigned  have  the  honor  to  in- 
form his  Excellency  that  they  expect  an  early  answer  to 
this  communication,  and  that  by  it  will  their  future  con- 
duct be  governed.  They  consider  the  negotiation  as 
essentially  terminated  by  what  has  already  occurred; 
and  if  they  pursue  it,  it  will  be  only  on  the  proof  of 
such  a  disposition  on  the  part  of  his  Majesty's  Govern- 
ment as  shall  convince  them  that  there  is  just  cause  to 
conclude  that  it  will  terminate  to  the  satisfaction  of  the 
United  States.  Having  acquitted  themselves,  in  every 
particular,  of  what  was  due  to  the  just,  the  pacific  and 
friendly  policy  of  their  Government,  it  remains  that  they 


-d 


*  Qalcs  &  Seaton,  p.  1858     aita^^.       \  Gales  &  Seatoa,  n.  142fl. 


% 


1800] 


inSOOTIATIOHB  WTTH   SPAIir.  -*'' 


sliotild  not  be  ^tiiAihidlbl  of  what  they  owe  to  its  honor, 
its  character  aiid  its  rights.  If  his  Majesty  is  disposed 
to  adjust  these  {iil|K>rtaint  ooneems  by  an  amicable  ar- 
rangement between  the  'two  nations^  x>n  fair  and  cqtud 
termSj  it  may  be  eau^y  and  8{)Mily  done.  ^  Each  party 
knows  its  rights,  its  interests,  and  how  mtidi  it  ought  to 
concede,  in  a  sjMt  of  cohciliktkm;  t6  ao6omp4ish  the  ob- 
jects of  the  negotiation.  The  uiidersigtied  ^el  the  force 
of  that  sentiment,  and  will  not  fail  to  respect  it.  Bhonld 
his  Majesty's  Government;' however,  thiillt  proper  to  in- 
vite another  issue,  on  it  will  the  reffponmbility  rest  for 
the  consequences.  Tke^  United  Staftes  are  not  linpre- 
pared  for,  or  unequal  to,  any  crisis  whieh  niay  occtn*.  The 
energy  which  they  have  shown  on  foilmer  oeeasions,  and 
the  firmness  of  thdr  palert  career,  mutrt  prove  that,  in  (Sub- 
mitting with  une2fl(tn|>led  patience  toi  the  injuries  of 
whick  they  cotttpkin,  Mid  dierisMttg  l^ith  sineerity  the 
relations  of  frien^hip  with  his  Catholic  Majest}',  no 
unmanly  or  nnwortitiy  niotive  has  influeAeed  their 
conduct."  •    ' 

Thk  ndte^iiied  to  fi^tieid  ite  desired  effe^;  sttd  After 
repeated  «ff[>H»  on  boih  i^es  to  come  to  an  understand- 
ing, Pinc^^y  and  Motiloe,' on  the  I2th  of  May,  submit- 
ted to  Oevidlos  the  Mld^wing  tiltiniAtiim : 

**  On  coifidition  that  Spain  tl*lll  e6de,  on  her  part,  the 
Territory  to  the  «ast^ofthe  MiMtiifflppi,  aliA'  arbitrate  her 
own  spoliattoiM  odnforriii^y%>  itte  eoif^iition  of  Au- 
gust 11,  1803,  tb«  Fluted  Stilts  wil  c^^,  on  their 
part,  thtfir  cMta  lio  imtHHkaf  wMt  of  ft^Hne  to  be  dnKwn 
from  the  mou^  of  lli^  Odbiiado  Wit^  iou^ce,  and  firom 
thence  t6  the  fl^liera  iimits  of  lioidB&aia,  in  wtuk  a  ttHOi- 
ner  as  td  av«4d  lie' dlifei^t  iTf«hi  aiikd  their  bnuu^es 
which  m^^lato^e  BliiaiiB8i|ypi     -    «  ^^»«s     r^vi. 

'^  They  will  establish  a  Territory  of  thirty  leagues  on 
both  sides  of  this  Mm,  m^ileli  shall  remain  unsettled  for- 
7. 


■To I*'  .V* 

i  ^    J.V-  -•  ■    -    ■ 


v^^'^ 


m^r:-^ 


t.v/V->;..J«..  a 


Us   >■•« 


■t- 


„„   Oir  THB  IIM1T»^   STATES. 
ULTIMATUM   0¥  THJU 

Mila    li 


|eo6. 


j,g  DITIMATB--  ride  if  SP^*"- 

veesels,  »>y  ^^^'  ,  .     i  :«,  to  com- 

for  ttoee  r-thelorte  „f  8p»»  ^"1^^  that 
Three  aays  after,  OB  wi»  *  ,p, 


il 


|«':Vi.JiJ'«fjHf 


•  a,i«i**«**»T»'^*'*- 


1- 

Led 

5on- 

our 

ites, 

^ber 

idas, 

3r  the 
t,and 
^  the 
jt  ^ar, 
rjvthat 

^ai  not 

the  dis- 
Mfii^Bty 
t,9iiHe 
collider 
crpwn." 
igQ^taon 


1808.] 


XEGOTIATKWS  WITH  SPAIN  AT  AS  END. 


99 


heing'dcmsidered  as  at  ftu  end  by  the  foregoing  answer 
of  the  S|>ani«b  Minister  of  Foreign  "Affairs^  Mr.  Monroe^ 
whose  duty  it  became  to  repair  immedisifcely  to  London, 
where  he  was  Besident  Minister-  of  the  Utiited  fitates, 
asked  for  his  |)assport,  which  Was  granted^  and,  on  the 
2 let,  he  had  his  fitial  audience  of  the  King/ to  take  leave 
in  the  usual  fOrm.  On  the  28d,  Monroe  and  Pinckney, 
jointly,  wrote  from  AranJuOi!  to  Madison':  "We  are  sorry 
to  inform  you  that  the  negotiation  with  whick  we  were 
charged  by  the  IH-esident  with  the  Q^ovemment  of  Spain 
is  concluded,  after  failing  in  all  its  objects,  notwithnt^ftd* 
ing  our  unwearied  and  laborious  exertions,  for  so  great  a 
length  of  time,  to  {irocttre  for  it  a  difliBrent  mrult."  On 
the  3d  of  December,  the  President  informed  Congress, 
in  his  annual  message,  of  the  complete  fililiire  of  negotia- 
tions with  Spain,  and  of  the  ii^uries  perpetrated  by 
hor  fetid  Othewl  of  the  belligerent  powers  in  Eui'ope 
against  Anterican  odmmei^.  "  in  reviewing,"  said  he^ 
"  those  injuries  from  some  of  the  belligerent  powers,  the 
moderaMon,'the  firmness  and  the  wisdom  of  the  Legisla- 
ture will  alF  be  billed  into  action.  We  ought  stBl  to 
hope  th^  time  aiid  a  correct  estimate  of  istere^t,  as  wdl 
as  of  chiiracter,  ^H  product  I3iejusti<te  we  are  bomd  Ibo 
expect.  But  ^hotild  any  nati^  deoMve  itself  by  false 
calculations,  and  disiiJ>{)oint  thtit  et^^eetatioii,  W»  nrast 
join  in  the  unprofitable  contest  of  trying  wtioh  party  can 
do  th'e  other  ihoSt  han!n.  Some  of  these  injuries  may, 
perhapig,  admit  a  peftceaMe  rettiedy  Wh«ro  ^a*  is  com- 
petent, it  !s  iilwayS  the  most  desiiftKle^  But  iKme  of 
them  iiife  df  ariaiture  to  be  niet  by  fo^  <Aly,  $M  all  of 
them  ihay  lead  %o  H;.*'  Thus  iW  yiili»  18d5  closed  for 
the  tThtted 'Stkt'eJi  wi€K  a  lowering  horfaoft^  porteniiaQg 
of  wir  and  Its  doheoiteitknt^ttl4i«itils. 

As  to  those  ev-eots  jftp^rtaining  merely  to  the  internal 
condition  of  the  Territory,  a  succinct  recapitulation  of 


w 


IM 


'.rk 


'.v"5 


^-  rtn 


100 


ATTACKS   AGAINST    OLAIBOBinB. 


[1805. 


:Si>, 


m 


M 


KiO, 


Wr^ 


lfg|f¥^lill 


»:#:.::  :;i 


.,^  ■  • 


tbmn  wiB  complete  the  bieiory  of  thie  year.  Early  in 
January,  CHtibome  had  mformed  MadifDn  of  the  revnl- 
sion  which  had  talcen  place  in  the  temper  of  the  people 
oonceriihg  the  eetablishment  of  a  Baik,  which  had  been 
so  rk>len'ildy  opposed  in  the  beginning.  But,  at  last,  its 
incipient  capital  had  been  subsoribed,  and  an  election  of 
Directors  hild  hem  proceeded  to.  "I  had* hoped,"  he 
wrote  ^  to  Albert  Gi^tin,  *^  that  this  measure  would  not 
hare  been  carried  into  ^ect,  since  it  had  been  disap- 
proved of  at  the  Seat  of  Government.  But  the  spirit  of 
adventure,  which,  fbr  a  length  of  time,  was  dormant,  has 
been  revived  by  the  exertions  of  a  few  individuals,  and 
it  seeras  that  the  people  are  determined  to  put  the  Bank 
in  motion." 

Claiborne  had  not  feund  the  Ezeeative  Chair  one  of 
ease  and  repose  in  Louisiaiia.  Severe  strictures  were 
constantly  published  on  his  adminisAratioi^  hia  public 
character,  and  even  his  private  life.  On  the  10th  of  Janu- 
ary, he  thought  himself  bound,  in  duty  to  himself  and  to 
the  Qovi^nment  he  represented,  to  forward  "to  Madkon 
the  papera  whichiconti^lied  those  strietureS)  with  observa- 
tione  on  the  piincipal  aoeusations  brooght  against  him. 
'^  My  aoeusers,"  hef  said,  ^*  take  great  oare  to  inq)re8s  the 
public  with  an  opknem  that  my  government  commenced 
here  under  the  meet  &velfi^leastiq>ieea^an  assertion  con- 
tradicted by  every  ciraanitanee  of  €ie  times,"  Ac  .  . 
When  possession  of  Loidsiana  Was  received,  the  aspect 
of  affairs  was  not  such  is  pton^eed  either  a  pleasing  ad- 
ministnitiony  or  »  happ5^reiii)t,  !|lie  people  w«re  i^it 
intd'pai^  c^Hded  in^ieir  iiietl^  indlhe  ^K>rt  of 
fbite%n  itad  domestie  intrignevft  Th»  ftfaelkm  of  gov- 
ernment were  near]^  at  a  stattd^  and  nradi  iras  wanting 
to  produce  system^  and  reetere order  to,  the  d^Savent 

,  •  (MbotM  to  Albeit  ChUktli,  Jan.  H,  f.4Hk  vdt.  %  BsMttHre  JoWmO. 
f  Ezecutire  JonniBl,  p.  (I^.yifl.  1. 


f 


18<M.]t 


oLADOBiiB't  »m^'YnsmmkTiov, 


m 


101 


d^paitmeatfl.  Gh^Mt  ohaagw  w«m  expected  under  the 
new  order  of  tMnga^  and  laorewae  required,  to  ooBcilmte 
and  attack  the  geseittl  sentimeiit  to  the  Ameriom  Gov- 
ernment, then  my  reaoiiveep  pemktedi  or  the  energies  of 
any  man  could  accomplith.  The  honest  distrust  which 
I  entertained  of  my  tiilelits^  the  idncere  diffidence  with 
which  I  entered  upon  the  duties  of  my  otffice^  my  con- 
stant reluetanee  to  exert  ai^  of  the  large  discretionary 
powers  intrusted  to  me,  exetpt  when  urged  hiy  impe* 
rious  necessity,ov  the  strong  ptessnre  of  political  expe- 
dient,^ aad  my  anxioos  s(dioitud9'for  a  speedy  termiua* 
tion  oi.i^e  ProViakHial  G0vern]Beiit,  are  all  known  to  yon. 
.  f     ,  •       .»        •        •        •        •.        • '       •.       •   ' 

That  I  committed  errors  I  readily  admits  but  I  am  not 
sensible  of  h»nng  been  betraysed  into  any  matenidi  meas- 
ure that  I  can  reflect  oa  with  sel^raccusation*  It  is  true 
that  I  lUdnot  do  so  mu^  as  some  seem  to  have  expected, 
nor  was  niy  administfAtion  marked  with  any  of  those 
strong  traits  whieh  sepe  woidd  caU  eneri^^  biit  oUiers, 
niope  pfop^fi  <^^i!essioiii  A  charge  of  tynuHiy  on  the 
one  part,  or  inbaeflity  ^ote  the  other,  was  equally  an  ob- 
ject of  draad^'' <^*    .    .    .    .   . 

As  to  th#«^ioaeh,laid  *t  his  door  for  h«ving  i^ermit- 
ted  the  SfiwafihtNiops  t^  remamsokiDg  in  the^^T^ 
he  observed  thait  the  taking  i«f  as^y  oiAer  titia  oondli«> 
tory  mea^ui^  of  -perwuaipa  to  kaatpi  thmc  departure, 
would  not  have  been  authorised  by  anything  which  had 
ocourred^  ai^  he  a<lded  i  'f  I  dMbit,  even  jiad  me  hiid  1^ 
authoriif ,  wh6thiH>  w»  had  the  liofat  meeeiBBayy  tio  eanry 
any  eOB^piiilsory  maasipeiinto  eiMt  .  Aa^  tkaMafquia 
of  €as»  OiilrA?^kavMg  retaiiied^a  sei^Ml  at  his  h^ose, 
it  nevsf  gspg  laa  anyy^qBaasiiiass^  ajdlnieed  l^limw  ntfH 
until  laleljF  that  it^npM  «igea>ec«idniid  as  im  eljeet  oi 
jeabniur  by  aa^  c€  ouv  eitiaeiiik  I,  llowever,  cMuaiuni- 
cated  the  ciiculnstance  to  you,  aad^ocmoeiving  fi?om  your 


102 


oLAOoaira^s  sja^YamMAiaov, 


tUM. 


r  ■■■.'■  I        ■■'■■• . 

■I  :    '\i.     j'  ll^'J  • 


'^';  > 


m-y 


sileiice  that  jovt  viewed  iV«s  I  did,  m  a  vei^' npimport- 
ant  light,  I  did  not'ktirfere  o«  the  nilijeet  till  ktoly^  on 
a  confif^itit  made  againi  te  guard  fov  aa  ontiage  on 
a  citiaen,  and  the  eeBtkieli  waa  discontiniied  at.  my 
request."    .... 

The  InteiidaniMoridea  and  theMarquia  of  OasaX^alvo 
hated  each  other  thofonghl)^,'  and  aa  both  ofieers,  irithia 
their  roepeetive  d^partlntote^etyi  pretended  t&ezeieite 
authority  over  th.o«e  Spaniards  who  rtfmakied  in  the  !f  e^ 
ritory,  and  orer  the  property  they  held  ^lierein^  l^iere 
had  arisen  between  tltfeni  bitter  eoi^etB^'Whioh  had  in- 
volved Olaibome^to  whom  both  appeid«d^  in^  repeated 
difSculties.  On  thia  subject,  in  the  same  eommunication 
to  Madison  to  whieli  I  ha«#  already  i-etiiirred,  he  said : 
^'  yie#Siig  the  coiiteet-  freia  the^^eginaiiitg  ae  one  arising 
altogether  oitt  of  ilMf' privata  aniiiiositiiia  of  »^tm>  Joteign 
offioeta,  in  wkich  lieltibBr  I,  nor  ttiy^oa&tiy^ waaaaywlfie 
ittteiiested,!  waa  Unwi^g  tei^tn^  nano^  or  au^rity 
i^duld  be^aed  Oft  thif  ooMMlonf  aftd  WM^Iiid  desiroizs 
that  th«  aihilr  Binght  t#Biinate  wtthtfut  troubling  our 
(?^ov^mijxeiit,^or  httolfi%  itpMeMa^n  the^uestiosi  As 
soon  as  I  discovered  that  the  Marquis  ^^roeMd^  to  im- 
afllhi9ri|sad  lengths^  awl  <adled  vptm neto eany  into  ex- 
ediHtii^n  his  dis^^dea  betPireen  periona  aiMweniyer  o^y  '^ 
tlf^  Ter«iti»rial  trlbnuals,  isiy  ei9ttda!et>T«aa  immediately 
ariuli  aa  a  knowledga  of  4lie<«i$^  of  my  eoimtry  dic- 
tated. -.  ./^i-H;^-'"';  ^■■^"■-  -  "■  ■  ■'  ^''-- 
■■■^^"S^ injtu^^iul^iiiid.flllbttnded  a^^ons  mad#'tt)^'^e 
iHinenee  of  i^e^iiqitis^e^er  my  eondnet  deserve  no 
mfi^m,^  Mfhe  irti^.  i^  -^^  s^Mi^  but  a  finmii  'kter- 
ocNiiii^  ol«iv3iti»(Ki/«<<^«jistiid%6tw%en^^  Miiliveiiftliis 
IsM  beim  disisoaliltdeiFBllMi^liii'^u^  of  Boia  JIfoanel 
Gardbi^itt  whiili,  iMig^^lixlliislvi^  a^  jaidic^ 
inig,  ^e^Spat^arda,  tlurbugh  ignoi^moeof  oitrCrevenMnent, 
have  sD^ypo^  me  to  hum  been  concerned^ 


18<Nt.] 


OLAXBOBKS'b  SILr-TDrDIOATION. 


108 


HP**  it  mmj^  feAwpB,  he  to  ycm  m  mscter  of  ooiiomtj  to 
know  tbe  itfttireiBd  extent  of  tbe  {Nwty  to  which  I  am 
indebted  it»ikcmmiiikiMSfy  attaekft  I  httve  therefore 
no  ^hesitatiidtt'ta  tell  -fom  that  <(iiey.  proceeded  originally 
fromr  th«resetttK^ient<^''liriBMiiel  C^irk,  who,  concaving 
himftelf  en^tM^^  tb»  eonideAeeof  the  ihresident,  and 
poisibly  4i^-  8omiB''<KitiiiginiAied  place  in  the  adminidka- 
tion  hw^  4e  mortifted' to  ted  ymself  so  entkely  over- 
looked, '^e  hie  party  Mr.  Edwurd  Livingston,  who,  as 
prudence  ought  to  hatt  enggested^  probacy  at  first  in- 
tended no  inte^erenee  with  the  pulHies  of  the  country, 
wa9too  easily  peMtMded  to  ^attaoh  hims^li^  and  his  oppo- 
sition to  rae,  and'to^he  adl»of  the  Government  I  repre- 
sent, spedd%  eBi^Mdi'  I  eafefy  discovered  the  political 
views  of  thei9e  gcoitlemett^  they  ^ent,  in  my  opinion,  to 
i-DJIftth  the  itoter:^  a^d  charseterof  our  Gov^imient  in 
this  coimtry,  and  i- therefore  pursn^  snch  a  line  of  oon- 
dnct  tow^iftt  ihem  and  their  measures  as  my  duty  re- 
qnired.  I  lisi^,  I  bdieve^  nade  another  gentleman, 
kte  of  New  Yoii^  aa  Altai^ed  to  this  party,  from  whom 
I  did' not  %Z|)ec<r  %^{)poKAtio&.  ^  Bwt-the  party  fire  ftw  in 
nmnber,  lmd,>  but  for  tli^  stattding^eir  "talents  give  them, 
conM  not'1#ecAiiMered«0f<M«udiible.  For  miy  part,  tiie 
plaM'  aad  ^^nofiiieBi '^labba  in  whkli  I  have  be^  edn- 
caeted  and^fl^rt<»'Mv^,  turited^to  an  tmsnspieions  dis- 
portion, ^(01^  iBefbtit' badly  fo^apwsona^^ 
w^b  thoi^'wiiOBe^Aianiian  hav^ebeenib^  on  a  model 
bet«0r^^d<j(ilaA<$d  ftir  t^  eti^pi^ite  of  this  citi^,*and  who, 
firom  lo%|^!riifti<^^i#e  moreeonv^eiaiDt  with  the  arts  of 
itttrig^^r'^  Hfhtit  imif^lhst^^  maybe 

e^Kii>l^#lm0#  116%  bttt>i^  isiKiibMd  to  l^ntd^  iJMt 
nothit^  M  W  left^'tliHssM  w4dch  «^  my  feel- 

ings, lilid^hit  i^ypiHySe  aad  pri!Vite  xiharaeter  will  be 
cruelly  u^rflprtieiAed."  -^ 

Claiborne  was  riirht  in  his  apprehensions :  for  the 


rm^ 


V'. 


;V..iM'l;4 

Mai 


I'.    •  *  * 


I 


11 


(|,.  ♦■ 


:•* 


9 


••:;-' 


* 
*i,- 


104 


OLAIBOUrs's  MUbF-yXirDIOATION. 


[18M. 


aDimogity  of  his  en«Bii«i  went  aohrmio  acoiue  him  of 
having  used  his  Aotbotitj  t^  fiiTor  the  elopement  and 
the  subsequenti  maniage  of  JienteiiaBi  I^oyk,  of  the 
United  States  Army,  with  a  yoang  Okeok  gill  This 
accusation  seema  to  hare  assuned  so  nukoh  importanee, 
that  he  thoiight  proper  to  Tindieate  himself  in  a  formal 
commanication  to  Mj.r  Madittioiii,  dated  Janoary  26, 
lg05.  **  Mr.  Doyle's  marriage/'  said  he^  ^*  was  not  with 
me  aR  object  of  any  concern.  I  limem  tha  y9ung  man 
only  by  name.  His  folly  I  negretted,  but  the  elopement 
being  effected,  J  thought  it  best,  to  preveut  the  girl  from 
being  dishonored,  to  permit  i»he  macrifige.  A  license, 
however,  was  not  granted^  mitU  the  father  solicited  it, 
and  the  part  I  acted  was  alone  dictated  by  benevolence." 
Claiborne  was  truly  what  he  represented  himself — ^a  be* 
nevolent  man,  but  benevolence  seldom  disarms  malig- 
nity ;  and  the€h>vemcNr  had.  to  leam  it  from  bitter 
personal  experience.  He  thu#  ei^iressed  himsetf  on  the 
64h  of  February :  ''  The  press  in  thi«  dityiaji^  indeed,  be- 
coming licentious ;  it  even  menaces  the>  tranquillity  of 
ppivate  life.  But^  hitherto,  the  Executive  .of  >the  Terri^ 
tofy  has  been  the  princ^al  object  of.  abuse.  I  am 
happy,  howevei^  to  add^  tiwit  the  Lonisianians  have  no 
concern  in  the  abusive  pubUeationai.and  very  generally 
disapprove  of  theuL^  The  dlscoiyfceiited  pwrfty  are  com- 
posed prindpally  of  nat^e#^  of  4h^  United  States^  and  I 
am  incUned  to  i^mik  ih^ir  iMnmber  ?j«ry  ineonsidwabU.'' 
Unfortunately,  thas  staMl.^f  th]Qgi»  M  to  quavrela, 
and  quarvels  to  duels*  tOm  i^  <ih«in  w#fl  fiital,  and 
Glaiboame  had  to  d^lc^^tli^  iiial)i»of  hla  bFOther4n4aw 
and  private  secretary^  |lici|^ih  G.  J^wia,  ^(Saibo^ 
felt  the  blow  so  keenly,  ^tJie  madt  it  the  subject  of  a 
spedal  comioi^nicali^  #>i^  Bieii^ent  of  th^  United 
States*  and  it  is  impossible,  on  jreading  it,  not. to 

*  Dispatch  of  the  17th  of  February,  1805,  Executive  Joomal,  p.  91, 2nd  vol. 


1805.] 


OLXIBOIUfB  NOT  ON   ▲  JUBD  OF  BOSES. 


1C5 


Bympaihise  with  iiiv  woimd«d  spirit.'  "  You  bave,  no 
doubt)"  lie  Budy  i'  diaoDvored  thst,  like  moet  meu  who 
fill  exidted  statiouay  it  htm  been  my  misfortune  to  have 
attracted  the  envyi  and  excited  the  malevolenoe  and 
ill-will  of  a  p(«tion  of  sooiety)  and  I  presume  you  are 
af^rised  of  the  persecution  I  am  suffering  here,  through 
the  vehiele  of  the  lief  niAanB  preps.  £yery  dreumstanoe, 
as  well  of  a  private  nature  as  of  my  official  conduct, 
that  calumny  eould  torture  into  an  accusation  against 
me,  has  been  brought  into  pvblic  view,  and  exhibited 
in  every  shape  that  malignant  wit  could  devise.  I 
early  diaoov^ied  that  these  ungenerous  attacks  excited 
generally  the  ■usoeptibility  of  Mr.  Le(wia»  and  with  the 
most  anxious  solicitude  lot  hin  w«Mbre,  I  used  every 
argument  to  induce  , him  to*  view  with  calmness  the 
tempestuous  sea  to  w>iich  my  political  elevation  had  ex- 
posed him.  On  one  occasion,  I  had  accommodated  a 
dispute  in  which  his  sympathies  had  involved  him,  and 
I  had  persuaded  myself  that  my  advice,  united  to  his 
mild  and  pacifto  diqiosition,  would  have  insured  his 
future  saletj.  But  unfortunately  for  me,  and  unfortu- 
nately for  my  poor  Inrother,  eym  my  misfortunes  became 
the  sport  of  perty  ifdrit,  and^  tlit  luahes  of  his  beloved 
ms«r  were  ^ot  su^Semd  to  repose  in  the  gi»ve.  She  was 
raised  fmm.  tSue  iomb  to  gire  poignancy  and  distress  to 
my  feelings^  He  aofughl  and  diseovered  the  author  of 
the  cruel  pioductioiir  A  duel  was  the  consequence,  and 
my  amiable  young  fri^ndt  received  a  bullet  throiugh  his 
heart  at  ^»  eeooad  .%eb. ;  I  h^p^^  the  aaswance  to  you  is 
unnedessary^ithat  ihift^  oudaneh^lf  #ffNr  waa  ke|^,  a 
secret  from  me;  awl  thftt  theneipp  oC  tli^  iital  result 
was  the  iretintimi^oBl  received  of  it  Qladly  would 
I  hava  madat  bare  w^  0wn  homok  ^tp  tbh§  fj»ock,  before 
any  Mend  of  mine,  and  particularly  one  so  dear  to  me 
as  Mr^  Lewis,  had  fidlen  a  victim  in  tlua  cause." 


mmm 


■^!p 


|f;i  ":";•••  • 

■  i  ♦  ; 


f^i 


106 


VKW  OBtiKAIfB   HCDORFOBATHK 


[1 


■  ^  •;  ;  •  s 


'  On  the  28tli  of  F«bru«y^  Olftilk>nie  trannnittad  to 
Madieon  a  oopy  of  the  act  to  inoorporate  the  city  of 
New  Orleans.  **  The  provision/*  he  mkmI,  **  which  allowa 
the  citisene  to  elect  aldeHncn  is  i^ery  popidar.  It  will 
be  the  llnA  time  the  LetiieiaiiiMis  erer  e^foyed  the  right 
of  snllWige,  aivd  I  persuade  myseif  that  they  wiU,  on 
this  oeoasion,  use  it  with  discmitioB/*  On  the  8th  of 
March  he  f«etftned  the  subject,  and  wrote :  '^The  late 
election  ibr  city  nldennen  was  oondvcted  Tfith  gieat 
order,  but  the  apathy  of  the  pei^e-  on  ^  ooeasion 
astonished  me.  But  few  voted^  and  none  appeared  u^ 
terest^d  as  to  the  issue.  I  have  appointed  James  Pitet 
Mayor,  and  Doctor  John  Wal^ns  Recorder  of  the  city. 
The  former  is  a  Wench  gentleman  of  talents  and  re* 
spectability,  who  has  resided  here  for  many  yeaors.  The 
character  of  the  lailter  is  known  to  yon«'' 
'  Oftuses  to  irritate' OP  excite  the  p^Uc  mind  seemed  at 
that  time  to  gTO#  up  with^  'WondenM  '^znberanoei 
Eren  re^gious  qnarrels' were  not  wanting^  as  is  shown 
by  a  communication*  from  Okibome  to  liadison,  on 
the  18th  of  March  :  **  A  dispate,^  he  wrote,  <^  has  arisen 
anmng  the  m^embers  of  tiie  Cathciyc  C^mfch  in  this  city. 
Mr.  Wal^,  who  dais^t  to  be  the  Yiear-Genend  of 
Louisiana,  took  upon  hiniB^f  to  dismiss  a  priest  who 
had  cate  of  this  pariili.  Tlie  priest  appedled  to  his 
panshioneri,  who  haf«  diMrrowed  the  Anthori^'of  Mr. 
Walsh,  «nd  ii^ectcd  (amidil^flMny  bonas)  thexlisiinssed 
prie^  13]«ir  pastor.  flio'^Mbjbot' excites  much  iatereat 
amon^  the  Catholics^  botitiis  probalde  wiU  not  evo»- 
fua^  in  any  unp^easaiit  ^sotmqumtkiBj^  *This  i^ypeal  «£ 
the  pridtrt  from  1^  deor«^^^hfe  supoicf^  to  what  he 
must  have  cbnsidered  the-  higher  tribunal  of  his  pa- 
rishionors,  uid  his  subsequent  election  by  them,  are  oer 


ajrej 

BiUoil 
f 


i'.i 


IMS.] 


lOUtf  qOAWBMtS. 


107 


taiBly  T«iy  ourious  ihwfes  in  Hm  hiitoty  of  the  Oslholio 
CSiurah  iik<  Lonuiaiia.  'Gkiborn%  m  m  ktor  eommiinicft> 
tion,  returned  to  tke  Mi^eot  in  theio  word*:  **The 
Bobitm  MnoBg  tbe  CatfaoliM  of  tke '  TenrHoiy  tMnaeei. 
Tbe  VieariGancMl,  wkO'eiaam  jmeoediaioe  in  the  Clnurah, 
if  about.  jNibliihiiig  A'peetonl  kttft^  and  ptopeieg  to 
give  it  a  general  eironlation.  I  rwy  m^oh.  regret  thia 
reUgioni  eontiweny^  ^Aa,  Me,  Waisb  is  m-  Iriabman, 
and  luipriaoiiMd  opponent^  Ml.  Antonio,  ^a  Spaniih 
prieit**  Tke  Maiqnia  of  Caia  Oalvo  ie  aaid  to  take 
great  interest  in  favor  of  the  latter,  but  I  have  no  evi 
denoe  of  this  fiiet"  '^  iLBter^.h«weT«r,  he  discovered  that 
the  Mvquis  took  an  aelive  part,  in  theae  religioua  dis- 
putes, and  he  made  up  his«niind  ioaddnssf  a  letter  to 
that  gentleman  on  4be  sal^t,  snggestii^  the  indelioaoy 
and  impropriety  ef  any  interibrenoe  on  his  part 

As  it  has  been  already  mentioned  in  the  preoeding 
psges,  the  law-fenodeling  ithe  TerritofiBl  ^ovemmeait 
of  XiOuisiaBa  vMs  not  sueh  aa  to  give  any  degme  of  satisfito- 
tien  to  those  iwh»  had  so  bitteiiy  conplained.  of  the 
oBiginal<  aot  .oj.  oiganiisitaen.  ^The  people,"  said  Clai- 
bom^  to  Madisoii»  \^3Md  been  langbt.  to  esBpadt  greater 
privileges^  and  nsan^  are  cUsappointacL  I;  beHeve«  how*- 
ever,  as^  mneh  is. given .ihemaa  .they  ean  manage  with 
discretion,  pe  as  mnteh  aslhey  o^glut  to  bn  tmsted  with, 
until  the  limite  iof^he  ended  terrilMp  are  ndoioii^sdged, 
the.natiflnalstta«hnnnitsQg  ojurineiv  bieifaeiisileBa  wavsv- 
ing,  and  the  views  and  charaiateg  cisoma  ininaniial  men 
bens  better  aaeertaisied*  I  pai  tipnlaiif  attond  io  thoee 
petsOM  mho>{w»n;£mKm^mjAm  %Biiah  astvieei  and 
are  pennitted;  by  tbnnifiovcinmeMt.tn'iwna&n  in  LooisK 


.•iiu 


M 


■ition  into  Loniriuut  in  17iB9. 
f  EzeoutiTe  Swmal,  ft.  181^*  vol.  1. 
i  Claibonie  to  Madiwia,  Slat^pHl,  180»,  p.  18S.  voL  1,^ .  ^  v. 


i"'fTH.   V 


'4 ''13151 


108 


OLAIBOBZne  AlO)   HXB  Xirr^'TIS. 


[laoi. 


-  r.': 


4.: 


'W^: 


If 


■HJl 


}■■:. 


PS 


■f  *":ir, 
. :  J . 


iana  as  ptsniionere,  or  in  the  eigoyment  of  their  full  fMiy.'' 
In  thii  oommnnication  he  again  poun  out  ther  angniih 
of  his  soul  under  the  incessant  attacks  of  his  enemies. 
"  I  coniess,  sir,*'  he  says,  '*  that  the  (^pontion^  the  cruel 
opposition  I  hare  experienced,  has  harrowed  up  my  fed- 
ings  excessively.  But  I  have  found  powerftil  consolation 
in  an  approving  conscience,  and  in  a  weU*founded  hope 
that  my  superiors,  to  whom  the  dii&oultifla  I  have  com* 
bated  are  known,  would  approbate  a  coffduot  which  haa,* 
throughout,  b«3en  directed  by  the  purest  motives  of  honest 
patriotism."  -  ■•■mm. 

Such  was  the  excited  state  of  the  Territory  with  its 
motley  population,  when  an  event  whidi  took  place  at 
the  mouth  of  the  river  warmed  up  the  native  pride  of  the 
Americans,  and  raised  their  Government  in  the  estimation 
of  those  whose  dispositions  toward  it  were  not  friendly, 
and  who  delighted  in  depreciating  its  power  and  its  char- 
acter. For  some  time  two  British  privateerahad  been,  with 
impunity,  cruising  off  the  mouth  of  the  Mississippi,  and 
were  in  the  habit  of  boarding  every  vessel  coming  in  or 
going  out.  At  length  they  had  the  audacity  to  capture  an 
Americar  schooner,  bound  in,  within  view  of  the  Block* 
House,  and  not  more  than  three  miles  distant  from  land* 
The  captain  of  the  revenue  cutter  whi<^  was  stationed 
there  thou^  it  his  duty  to  rescue  the  vessel,  which  he 
did  after  an  engagement  of  one  hour,  and  conveyed  her 
sitfely  into  the  river.  During  the  engagement  the  cutter 
sustained  little  or  no  damaga* 

If  Claiborne  fi^  dee|»iy.ihe  blows  which  his  enemies 
aimed  at  him,  he  was  much  soothed  and  relieved  by  the 
assurances  of  cooitinuied  oonfidciioe  and  esteem  which  it 
pleased  the  President  to  give  him.  In  answer  to  such 
assurances  he  wrote  f^o  the  .Chief  Msgist^  a,te,  on  the  4th 

*  aaibome  to  Madison,  22d  April,  180S.    Ex.  Jour.,  p.  186,  vol.  1. 
f  Claiborne  to  Jeflfenon.    Ex.  Jotar.,  p.  144^  tqL  1.  ,W'; 


It.:: 


1805.]  BAUri,  OSSTRiHAN,   AND  nSBBIOlTT. 


109 


of  Mfty  :  **  I  h«Te  raoeired  your  fkron  of  the  lOtb  and 
14th  of  March,  and  am  indoed  happj  to  find  that  the 
ttngeneront  attacks  to  whioli  I  had  been  rabjeeted  have 
not  made  on  yonr  mind  impWMione  nniSftrorable  to  me. 
I  am  aware  that  abnee,  mneh  abnae,  is  the  oonitant 
attendant  on  ottoe  nnder  onr  Government.  I  had  en- 
deavored to  meet  it  with  oompomire,  but  when  I- per- 
ceived a  poHtieal  eondnot  repreeented  a:  vidoos  which 
I  know  to  have  been  gnided  by  the  porett  motivea  of 
honest  patriotism,  and  acts  which  tn  truth  wore  benevo- 
lent add  praiseworthy,  represented  as  dishonorable^— and 
all  this  done  by  a  fhction,  who  had  reoonrse  even  to  sub- 
ornation and  peijiiry  in  order  to  snlly  my  reputation,  I 
must  confess  that  my  feeKngs  received  a  wound  which 
alone  could  be  healed  by  conscious  rectitude  and  a  belief 
that  the  confidence  of  the  Bxecutive  in  me  was  not  di- 
minished.*' 

On  the  4th  of  May,  thtf  Legislative  Council  ^as  pro- 
rogued by  Claiborne  to  tho  20th  of  June.  In  giving 
iuformation  ot  this  feet  to  Madison,  daibome*  said, 
f*  The  agents,  Messta.  Sauv^,  Destr^han  and  Derbigny,  are 
preparing  ibr  publication  a  pamphlet,  in  which,  I  fisar, 
much  wiU  be  siiid  which  will  tend  to  agitate  and  divide 
Hi  pttbHe  mind.  I  have  Been  Messrs.  Baav6  and  Der- 
bigny, and  find  the  latter  greatiy  disappointed  and  dis- 
satisfied. He  eoittklen  the  tueaty  as  violated,  and  sup- 
poses that  the  Qovemment  was  unoandid  to  the  agents, 
And  unjust  to  ^e  LoutsieaiiaBa  He,  however^  eipressed 
a  hope  thtti  his  fdh^w-eltteeiw  would  be  eonten^ted,  and 
t^heiled  to  the  goveriKawnt  i^ioh  Oongran  had  pre- 
iierib^.  I  iietertMea»ftMpt]iil,lfr^epam^Uet  prepar- 
ing by  Hie  igents,  soiiM  imprudent  observations  may  be 
intrdduoed.    For  niy  own  pait^  I  am  sliU  convinced  that 


*  Bx.  Jour.,  p.  1411,  nX,  1. 


f  fir  Jow.,  p.  158,  ToL  1. 


13 


'•TV       ■h\  '£..•  ■ 

*  ■M»»'' 


i 


is.!' 


,f»«!^  1 ! 


14  511.'''"^      ■' 


•r.v. 


IK  !;••,»,"• 


■.'':i,i5i;- 


K. 


110 


olaibobne's  bepobt  to  MADXS0N»4 


[1805 


an  early  introduction  of  the  entifdrepresdntatiYe  sjrttou 
into  Louisiana  woudd  be  a  haaardous  experimtait,  and  I 
seriously  doubt  whether  the«eoond  grade  of  govenunowt 
will  be «ondvcted  with  discretion/':  *  ^;,, 

:  Afb@r  having  pronged  the  Le§^ative  Council,  Clai« 
borne  had  departed  from  iNbw  QrlieanB  on  a  visit  to  aome 
of  the  distant  parishes  of  the  S^te»  In  the  coarse  of 
his  journey  he  found,  as  he  repovta,  the  inhaibitants  con* 
tented  and  apparently  well  dk^sed  to  the  American 
Government.  >^A  few  desigmng,  ambitious  men," -he 
wrote  on  the  18th  of  May^  ^^would  wish  to  create  dis* 
turbances,  but  it  is  probable  they  will  not  succeed  I 
was  pleased  to  learn  that  the  late  Congress  had  made 
provision  for  ascertaining  tlie  l^al  titl^  of  land  in  the 
Territory,  inasmuch  as. an  early  division  thereon  will 
promote  the  interests  of  the  United  g^tates,  as  well  as 
of  individuals.  We  abound  here  in  land  speculators, 
and  the  present  state  of  tHiig»  is  not  unftvorable^  to 
their  views." 

On  the  31st  of  May  Claiborne  bad  returned:  to  New  Or- 
leans^ after  having  proceeded  as  far  upaa  Pointe  Coupi^e, 
and  made  many  appointments  under  the  new  judiojaj^" 
system.  His  excursion  was  a  pleasant>  one^  ^d  i<^ 
friendly  welcome  which  he  mtet  everywhere  was  particu- 
Isffly  agreeable  to  him."* 

-H  Olatbeme,  on  the  dth  of  June,  sent  to  Madison  the 
expected  pamphlet  from  ^  pen  of  Derbigny,  Destr^haa 
and  Sauv^  with,  theee  observations  on  hie  part:  "You 
will  find  m  tMs  productioii  evidences  of  discontent-^-na 
want  of  information  and  of  parud^iee  on  the  part  of  the 
agents-^bn/t  I  beliieve  thepabMoalion  wiU  excite  but 
little  interest  in  the  Territi^,  and  be  produdiive  of  no 
mischief.    It  may,  therefcwre,  be  best  to  permit  it  uumo- 


B'f 


*  aaibome  to  MadisoB,  Hat  of  May,  1806.    Bfancntire  Jooinal,  p.  IfO,  vol.  1. 


1806.] 


IMPORTANT  MANUSOBIFI!  TOUITD*     T 


ill 


lested  to  sink  into  obliviMi.  We  have  lunong  ns  men 
who  would  sacrifice  the  interest  of  any  oountry,  or  the 
happiness  of  any  people,  to  the  gratification  of  their  am- 
bition. That  such  men  should  be  discontented  with  the 
present  state  of  thiags,  need  not  be  a  matter  of  sui^rise, 
but  I  am  persuaded  <iie  great  body  of  ihe  citizens  of 
LouiMana  cannot  be  shaken  in  their  allegiance^  or  be 
made  to  think  that  they  are  net  gveatly  benefited  by 
their  annexation  to  the  United  States.  TheiB  has  been 
a  rumor  that  certain  diseonteiited  persons  have  contem- 
plated a  mission  to  ¥rktiee,  with  a  view  of  soliciting 
the  attention  of  the  Empepor  to  the  affairs  of  this 
Territory,  and  praying  that  he  may  interfere  in  their 
iavor."  ff 

In  June,  Governor  Claiborne  learned  fipom  Dr.  Sibley 
and  Captain  Ttimer,  that  they  had  seen  a  manuscript 
purporting  to  be  the  offieial^jourDal  of  a  French  officer,^ 
who,  in  the  year  1719,  was  instructed  to  erect  a  fort  on 
the  Bay  of  St.  Bernard.  Ciaibome  communicated  this 
fact  to  Madis^m,  saying:  ^ In  this  journal  there  are  let- 
ter^ fix>m  official  <^arad«rB  whddk  i^ow  that,  at  that  pe- 
riod, the  extent  of  Louisiana  was  a  source  of  jeakmsy  to 
Spain,  that  a  dispute  as  to  limits  had  arisen  between  the 
subordinate  f^ntd  of  Franee  and  Spain,  but  that  the 
claims  of  the  former  extended  fromHiePerdido  to  the 
Bio  Bravo,  and  were  bottomed  upon  a  treaty  referred 
to  in  the  corre^ndenoe,  c^ed  the  treaty  of  Cam- 
brai  Viewing^  this  manuscript  as  im  impc^ant  docu- 
ment, I  shaifii  solicit  Dr.  Sibiey,  in  whose  possession  it 
now  is,  to  cause  a  copy  thereof  to  be  takiMi,<M)d  to  trans* 
mit  the  original  to  me  for  the  ]!)urpose  of  being^eposited 
amc^g  the  records  of  Louisiantt.  The^^dOpy  I  will  request 
the  Doctor  to  forward  to  the  Department  of  State." 


m 


^^muAdehimtlfm^* 


Ik  ii  \  V  "•     . 

%-••'■■ 

me:-' 


112 


THB  URSULnrK  NUNS  PUT  ON  THE  STAGE. 


[1800. 


importaDt  dooument  was  eifeotually  secured,  preserred, 
and  subsequently  published. 

If  the  attention  of  Claiborne  had  been  called  only  to 
such  objects,  or  merely  to  objects  of  general  importance, 
his  task  would  have  been,  comparatively,  less  annoying ; 
but  he  was  constantly  wearied  by  applications  for  re- 
dress, or  protection,  in  matters  which  belonged  exclusively 
to  the  police  department,  or  to  the  judiciary.  For  in- 
stance, on  Hie  8th  of  Jane,  he  felt  himself  constrained  to 
write  this  letter*"  to  James  Pitot,  the  Mayor  of  New  Or- 
leans: ''I  have  received  a  letter  from  the  Lady  Abbess 
of  the  Ursuline  Nuns  in  this  city,  in  which  it  is  stated, 
that  in  a  late  performance  at  the  theatre,  their  commu- 
nity had  been  held  up  to  the  public  as  an  object  of  de> 
rision,  and  that  the  last  act  was  marked  with  peculiar 
indecency  and  disrespect,  and  that  it  is  proposed  to  be 
renewed  on  Tuesday  next>  and  she  solicits  the  protection 
of  the  civil  autl^ority.  For  myself  I  consider  the  poli<;e 
of  the»  theatre  as  falling  more  immediately  under  the  po- 
lice of  the  City  Magistrate,  and'  that  on  yourself,  as 
Mayor  of  New  Orleans,  partioularly  devolves  the  duty 
of  checking  the  irregularities  of  the  stage.  The  Society 
of  Nuns  in  this  city  is  undw  the  protection  of  the 
law,  and  their  peculiar  situation  must  interest  in  their 
favor  the  feelings  of  every  heart."  As  to  the  religious 
dispute  between  the  Vicar-G^neral  Walsh  and  Father 
Antonio  de  Sedella,  it  seemed  to  grow,  and  to  luxuriate  in 
its  growth,  in  proportion  to  itfii  prolongation.  On  the 
15th  of  June,  Claiborne  informed  Madison  that  the  par- 
ties had  resorted  to  a  suit  at  law,  to  determine  the  right 
of  possession  to  the  church,  and  that  it  was  e2[pected 
that  "a  great  show  of  zeal  and  acrimony  would  be 
made."  ^n 


*  Bxeeative  Joamal,  p.  179,  vol.  1. 


1805.] 


MEETINO   OF  THE   LEQISLATULE. 


113 


On  the  3d  of  July,  Claiborne  prorogued  again  the 
Legislature,  which  had  reassembled  in  June,  after  its 
first  prorogation  on  the  4th  of  May.  In  his  address  to 
its  members  on  that  ocoasioni  he  said :  "  In  a  Territor}' 
whose  citizens  are,  for  the  most  part,  either  natives,  or 
descendants  of  the  natives  of  France  and  Spain,  who 
had  long  cherished  a  fond  remembrance  of  the  country 
of  their  fore&thers — ^in  a  Territory  that  had  been  con- 
trolled by  the  will  of  arbitrary  chiefs  for  neir  a  centu* 
ry,  and  harassed  by  frequent  changes  of  allegiance, 
where  the  ties  of  birth,  affinity  aud  language,  the  influ- 
ence of  habit  and  past  favors  had  made  those  impressions 
which  like  causes  everywhere  produce — ^that  man,  indeed, 
must  be  little  acquainted  with  human  nature  who  had 
supposed  that,  in  a  Territory  thus  situated,  the  principles 
of  the  American  Government  could  have  been  introduced 
without  difficulty,  or  that  the  public  functionaries  could 
have  discharged  their  duties  in  sucb  a  way  as  to  have  con- 
ciliated the  good  opinion  of  alL"  He  then  went  on  re- 
viewing and  defending  all  the  acts  of  his  administration, 
and  passing  from  that  subject  to  the  legislative  labors 
of  those  he  was  addressing,  he  rconarked :  "  With  a  pe- 
riod so  limited  as  that  of  your  sessions,  and  with  such  a 
diversity  of  duties  before  you,  more  eoald  not  have  been 
e2q)ected,  and  it  is  a  subject  of  congratulation  that  so 
much  has  been  done,  and  done  so  well.  Another  impor- 
tant change  in  the  nature  of  our  Government  now  awaits 
us.  The  Congress  of  the  United  States,  ever  just  to 
their  engagements,  and  fiufdliM  to  the  interests  of  all 
within  their  protection,  have  assigned  the  pmod  at 
which  Leuinana  is  to  beeome  one  of  the  sovereign  and 
indep^ident  States  of  the  American  Umon.  In  the 
mean  time,  the  right  of  self-government  is  extended  to 
this  district  under  the  like  restrictions  which  have  been 
laid  on  our  fellow-citiiens  in  the  other  Territories  of  the 

8 


I.-  i 


ti.rii 

'L  ■•■'< 

.(■■■'.  ■ 

iv- 


fV»f" 


114 


Claiborne's  message. 


[1806. 


United  States.  This  species  of  temporary  government 
has  been  found  commensurate  to  the  protection  of  society, 
and  the  advancement  of  the  general  weal,  and  is  certainly 
well  calculated  for  the  gradual  introduction  of  those 
representative  principles  on  which  the  future  Constitu- 
tion of  the  State  (when  erected)  must  neoessarily  be 
predicated.  But  possibly  there  may  be  many  whom  this 
new  form  of  government  will  fiul  to  satisfy.  It  would, 
indeed,  be  a  presumption  unwarranted  by  experience, 
to  calculate  on  universal  approbation  of  any  measure. 
The  best  of  men  may  occasionally  differ  in  political  senti- 
ments, and  the  investigation  of  their  opinions  leads  to 
truth,  and  may  be  considered  one  of  the  salutary  inci- 
dents of  political  ireedom.  But,  unfoii;unately,  society 
is  sometimes  infested  with  members  who  argue  not  to 
enlighten,  but  to  mislead  their  fellow^citizens,  and  who, 
Irom  motives  of  disingenuous  ambitioi^  or  from  malice, 
labor  incessantly  to  raise  themselves  on  tiie  ruin  of 
others.  That  there  have  been,  and  still  are,  a  few  indi- 
viduals among  us  of  that  disposition,  is,  I  fear,  too  true. 
Under  their  patronage,  calumn}^  may  reconunence  its 
efforts.  It  may  distort  the  most  innocent  actions^  and 
pervert  error  into  crime.  It  may  enter  the  household  •f 
domestic  life,  hai'row  up  private  feelings,  and  produce 
private  distress.  But  the  distrust  of  the  discerning,  and 
the  contempt  of  the  good,  will,  sooner  or  later,  drive  the 
authors  into  obscurity.  .         .        .        . 

"  We  have  beard  idle  reports  of  various  kinds,  re- 
specting territorial  divisions,  and  partial,  and  sometimes 
total,  retrocessions  to  fi>reig!n  Powers,  but  these  seem  to 
be  the  fanciful  chimeras  o^  unreflecting  minds.  My  firm 
belief  is,  that  the  Mississippi  will  cease  to  flow,  ere  she 
ceases  to  behold  Louisiana  attached  to  the  empire  of 
American  freedom.    A  disposition  to  encroach  on  the 


*l;^' 


1805.]  FATHER   WALSH   AND   FATHER  ANTOIflO.  115 


territories  cf  others  is  fordgn  to  the  nature  of  our  Gov- 
ernment ;  but  the  perfect  preservation  of  Us  own  is  one 
of  its  vital  principles.  Just  to  the  rights  of  others,  the 
American  nation  will  preserve  thei/r  own  inviolate,  or 
perish  with  them. 

Referring  to*this  address,  of  which  he  sent  a  copy  to 
the  Department  of  Btate  at  Washington,  Claiborne  said* 
to  Madison,  "Perhaps  you  will  perceive  on  my  part  a 
greater  share  of  feeling  than  ought  to  have  b^  man* 
ifested,  but  th«)  late  state  of  party  here  was  such  that  I^ 
could  not  well  have  omitted  to  notice  it,  and  I  am  per- 
suaded that  the  allusions  made  to  the  efforts  of  calum> 
niators  may  have  a  good  effect,  not  oh  them,  for  they  are 
callous  to  every  virtuous  impulse,  but  with  the  people, 
who,  I  trust,  will  not  for  the  future  b^  «s  easily  imposed 
upon  by  pretended  patriots." 

On  the  11th  of  July,  Vicar-General  Walsh  wrote  to 
Claiborne  a  letter,  in  which  he  complained  **  of  the  inter- 
ruption of  public  tranquillity  which  had  resulted  from 
the  ambition  of  a  refractory  moi^k,  supported  in  his 
apostasy  by  the  fanaticism  of  a  misguided  populace, 
and  by  the  countenance  of  an  individual,f  whose  inter* 
ference  was  fairly  to  be  attributed  less  to  zeal  for  the 
religion  he  would  be  thought  to  serve,  than  to  the  in- 
dulgence of  private  passions  and  the  promotion  of  views 
equally  dangerous  to  reli^on  and  to  civil  order."  He  fur- 
ther informed  Claibonie  that  two  individuals  had  gone 
to  Havana,  with  the  express  intent  of  procuring  a  rein- 
Ibrceraent  of  monks  to  support  Father  Antonio  de 
Sedella  in  "his  schismatic  and  rebellious  conduct,"  and 
prayed  for  such  relief  and  assistance  as  the  Executive 
could  afford  him.  Claiborne  replied,  ^Hhat  und^  the 
American  Government,  where  the  ri^ts  of  conscience 

*  Claiborne  to  Madison,  dth  July,  1805.    Ex.  Journal,  p.  201,  rol.  1. 
f  Probably  the  Marqais  of  OiM  Cahrb. 


■i\ 


■.. *%;•  ■•  A.  • 


hu'h'' 

1,    '■  •  ■■;  ■■ 


■■;»K>i 


'ft  I  ;«^  ■  •  -  ■  -M^ 

^  ■ :  •  ■■■  ■  si- 


ne 


SCHISJf   AMONG   THE   CATHOLICS. 


[1803. 


a?e  respected,  and  no  particular  sect  is  the  favorite  of 
the  law,  the  civil  magistrates  were  bound  carefully  to 
avoid  interference  in  religious  disputes,  unless,  indeed, 
the  public  peace  should  be  broken,  or  menaced,  and  then 
it  became  their  doty  to  act."  He  then  recommended 
harmony  and  tolerance  to  the  priest ;  "  tor,"  observed  he, 
"  if  those  who  profess  to  be  the  followers  of  the  meek 
and  humble  Jesus,  instead  of  preaching  brotherly  love 
and  good  will  to  man,  and  enforcing  their  precepts  by 
example,  should  labor  to  excite  dissension  and  distrust 
in  a  community,  there  is  indeed  ground  to  fear  that  the 
Church  itself  may  cease  to  be  an  object  of  veneration." 

At  this  time,  Claiborne  received  a  very  flattering  proof 
of  the  President's  unshaken  confidence,  by  the  renewal 
of  his  commission  as  Governor  of  Louisiana,  which  cir- 
cumstance, he  said  in  a  letter  of  the  22d  of  July,  "  had 
excited  in  his  breast  the  liveliest  emotions  of  gratitude 
and  pleasure." 

The  late  act  of  Congress  in  relation  to  the  land  claims 
and  titles  in  the  Territory  had  produced,  as  mentioned 
before,  great  anxiety  in  the  public  mind,  so  much  so  that 
it  was  deemed  expedient  to  send  John  W.  Guiley,  the 
Register  of  the  Land  Office,  on  a  tour  through  the  several 
counties  of  the  Territory,  to  give  explanations  as  to  its 
bearings  and  effects,  "and  to  defeat,"  said  Claiborne, 
"  the  machinations  of  those  few  wicked  men  among  us, 
who  labor  incessantly  to  embarrass  and  ii\jure  the  ad- 
ministration." He  strenuously  recommended*  to  Gurley 
'*  to  spare  no  pains  to  acquire  for  the  Government  the 
general  confidence  of  the  citizens,  and  in  particular  to 
convince  them  that  their  rights  to  land  would  be  liberally 
confirmed  according  to  the  equity  of  their  situation,  and 
not  to  rigorous  law." 

*  Ezecutive  Joomal,  p.  209,  Tol.  1. 


suanc 
ous,  \ 
all 
city, 
in  th 


1806.] 


THE  rOBTIFIOATIONB  OF   NEW   OBLEAKS. 


117 


James  Pitot  had  resigned  his  commission  as  Mayor, 
und  Watkins  had  been  appointed  in  his  place.  The  new 
City  Council  went  actively  to  work  and  to  plan  improve- 
ments. It  passed  Resolutions  requiring  the  evacuation 
of  the  forts  around  the  city,*  which  were  occupied  by  the 
troops  of  the  United  States,  theii*  speedy  destruction, 
and  the  filling  up  of  the  ditches  which  surrounded  the 
forts  and  New  Orleans.  Claiborne  partially  complied 
with  their  request.  In  a  communication  of  the  2d  of 
August,  he  said  to  them,  ^'  I  am  so  strongly  impressed 
with  the  opinion  that  the  stagnant  water  which  accumu- 
lates in  the  old  fortifications  must  prove  injurious  to  the 
health  of  the  city,  that  I  cheerfully  consent  to  the  level- 
ing of  them  all,  except  those  of  Forts  St.  Charles  and  St. 
Louis.  These  two  forts  are  garrisoned  by  troops  of  the 
United  States,  and  cannot  be  evacuated,  but  in  pur- 
suance of  orders  emanating  from  the  President.  Desir- 
ous, however,  of  co-operating  with  the  City  Council  in 
all  measures  which  may  conduce  to  the  health  of  the 
city,  I  have  no  objection  to  the  draining  of  the  ditches 
in  the  vicinity  of  St.  Charles  and  St.  Louis,  under  an 
impression  that  it  can  be  done  without  injury  to  the 
works." 

In  relation  to  the  public  buildings,  a  controversy  arose 
as  to  their  possession.  Colonel  Freeman,  the  Commander 
of  the  United  States  troops,  was  in  possession  of  some 
of  them,  which  were  claimed  by  the  city.  Claiborne 
sided  with  the  civil  authorities,  but  Freem'\n  refused  to 
obey  Claiborne.  This  gave  rise  to  a  sharp  correspond- 
ence between  them,  and  the  whole  matter  had  to  be  re- 
ferred to  the  President  of  the  United  States. 

In  August,  Claiborne  undertook  a  journey  through  the 
several  counties  of  the  Territory,  and,  on  the  23d  of  that 
month,  he  wrote  to  Madison,  from  the  County  of  Acadia, 
sixty  miles  above  New  Orleans,  in  relation  to  the  late 


lyf 


■  If    .  '   .  ' 


118 


^^ix  .CLAIBORNE  AND   LAND  TITLES. 


[1S05. 


land  act  of  Congress  :   "  To  meet  the  convenience  of  the 
citizenb/'  said  he,*  ''  and  to  render  them  justice,  I  am  in- 
clined to  think  that  some  araendipent  to  the  late  act  of 
Congress  relative  to  the  titles  of  land  in  this  Territory 
will  be  found  advisable,  and  upon  this  subject  I  shall 
hereafter  do  myself  the  honor  to  write  you  fully.    I  will 
at  this  'ime  only  observe,  that  some  indulgence  ought  to 
be  given  to  the  owners  of  lands  on  the  Mississippi ;  and 
particularly,  that  they  should  be  secured  in  a  right  of 
pre-emption  to  a  certain  quantity  of  acres  on  the  rear  of 
their  present  possessions.     Under  the  Government  of 
Spain,  it  was  customary  to  grant  from  six  to  twenty  acres 
in  front  and  forty  in  depth.    The  cypress  swamps  which 
approach  near  the  lands  now  in  cultivation  were  seldom 
included  in  the  grant,  but  from  time  immemorial  the 
timber  has  been  at  the  disposition  of  the  inhabitant  who 
owned  the  lands  in  front,  and  he  was  considered  by  the 
Spanish  Government  as  possessing  an  equitable  right  to 
the  swamp.     If  Congress  should  not  make  dome  special 
provision  on  this  point,  much   discontent  will  arise. 
Large  cypress  swamps,  which  at  present  limit  the  valu- 
able £Eirms  on  the  Mississippi,  will  be  monopolized  by 
speculators,  and  the  present  settlers  greatly  injured." 
id; In  the  beginning  of  autumn,  and  when  Claiborne 
was  in  Concordia,!  a  Frenchman,  who  had,  no  doi^bt, 
"brcni^ht  from  Frapce  his  mad  notions  about  liberty, 
made  an  attempt  to  excite  the  negroes  to  insun'ection, 
and  considerable  alarm  ensued  in  consequence  of  it ;  but 
iiie  Frenchman  was  aiTested,  and  the  uneasiness  soon 
subsided.  ^x. 

On  the  13th  of  September,  Claiborne  sent  to  Albert 
Gallatin,  Secretary  of  the  Treasury,  an  estimate  of  the 
expenses  of  the  Government  of  the  Territory  of  Or- 

,  *  Executive  Journal,  p.  202,  vol.  1. 

:;i   .    >^      .,  t  CUborae  to  Madison,  p. 267,  vol.  1.  , 


a 
by 
ing 
Iha 

li 
beei 
Beat 


* 


1806.] 


LIST  OF  THE  PUBLIC  BUILDINGS. 


110 


leans  for  the  coming  year,  1806,  and  that  estimate  shows 
the  economy  with  which  that  Government  was  carried 
on,  for  it  amounted*  to  only  $18,650. 

From  a  comraunicationf  made  by  Claiborne  to  the 
President  of  the  United  States  on  the  28d  of  October, 
it  appears  that  the  buildings  which  were  considered  as 
property  devolving  upon  the  United  States,  were: — 
First — The  Government  House,  very  ancient  and  out  of 
repair.  Second — ^The  Military  Ban'acks,  a  row  of  brick 
buildings,  sufficiently  large  to  accommodate  twelve  or 
fifteen  hundred  men,  and  needing  only  some  inconsider- 
able repairs.  Third-  -The  Military  Hospital,  a  large 
brick  building  a^oining  the  Barracks,  and  in  good  re- 
pair. Fourth — ^The  PuWic  Stores,  two  large  brick 
buildings,  and  verj-  valuable.  Fifth — ^tho  Cavalry  Bar- 
racks, consisting  of  two  brick  buildings,  much  out  of 
repair.  Sixth — ^The  old  Custom-House,  a  large  wooden 
building,  unfit  for  any  public  purpose.  Seventh — ^The 
Lower  Custom-House,  a  small  wooden  biiilding.  Eigith 
— ^The  Priests'  House,  a  small  wooden  edifice,  heretofore 
appropriated  for  the  residence  of  the  Head  of  the  Church 
in  Louisiana.  Ninth— The  Powder  Magazine,  a  brick 
building,  near  the  bank  of  the  Mississippi,  and  opposite 
the  City  of  New  Orleans.  Tenth— The  Public  School- 
House,  a  brick  building,  and  well  calculated  for  its  pur- 
poses. "  The  Principal,  or  City  Hall,"  said  Claiborne, 
"  a  very  beautiful  and  commodious  building,  is  claimed 
by  the  City  Coundl  as  the  property  of  the  city,  and  be- 
ing under  the  impression  that  their  claim  is  a  good  one, 
I  have  committed  it  solely  to  their  disposition." 

If  the  continued  presence  of  the  Spanish  troops  had 
been  unpalatable  to  the  Government  of  the  United 
Bcates,  to  Governor  Claiborne,  and  to  some  of  the  inhabi- 

*  Claiborne  to  Gallatin,  p.  2S9,  vol.  1. 
t  Claibome  to  J^eraon,  p.  373,  Tol.  1. 


m 


MV^:^.-'^.;^ 


Is 


m 


•vf;; 


'■.111'    '■".   1 


■i-iiV.^- 


;:?. 


8  ' 


120      CONFLICT  OP  CIVIL  AND  MILITABT  AFTHORITY.     [1805. 

tants  of  the  Territory,  the  United  States  troops  in  New 
Orleans  became  as  great  a  subject  of  annoyance  to  its 
citizens.  It  is  but  very  seldom  that  civil  and  military 
authorities  can  harmonize,  and  that  conflicts  of  jurisdic- 
tion do  not  arise  wherever  they  are  brought  in  close 
proximity.  It  proved  to  be  the  case  in  New  Orleans,  as 
everywhere  else.  The  Mayor  of  the  city  got  into  a 
sharp  quarrel  with  Colonel  Freeman,  the  Commander  of 
the  United  States  troops,  and,  on  the  6th  of  November,* 
Claiborne  advised  the  President  of  the  United  States  to 
remove  the  troops  from  New  Orleans.  "The  troops 
situated  here,"  he  bud,  "  have,  I  believe,  conducted  them- 
selves as  well  as  an  army  ever  did,  similarly  situated, 
but  it  is  impossible  for  any  commander  to  maintain  dis- 
cipline among  men  posted  in  a  city,  where  the  tempta- 
tions to  dissipation  are  so  various,  and  the  means  of 
evadirg  the  attention  of  officers  bo  easy." 

On  iiiie  20th  of  November,  Claiborne  had  tie  satisfac- 
tion to  forward  to  the  Secretary  of  State  at  "Washington 
the  copy  of  an  address  from  the  House  of  Representa- 
tives of  the  Tenitory  to  the  President,  which  had  been 
unanimously  adopted,  "  and  which,"  he  said,  "  evidenced 
a  degi'ee  of  patriotism  which,  he  hoped,  would  have  a 
good  effect."  He  further  remarked,  that  he  had  of 
late  observed  (•  favorable  change  in  the  public  senti- 
ment. "  No  man,"  he  continues,"  f  '*  entertains  a  greater 
regard  for  the  ancient  inhabitants  of  Louisiana  than  my- 
self, or  more  appreciates  their  many  private  virtues,  and  I 
entertain  strong  hopes  that,  in  a  few  years,  they  will  be- 
come very  zealous  members  of  the  American  Republic." 

Claiborne  had  commissioned  Colonel  Hopkins  to  or- 
ganize  the  militia  throughout  the  Temtory ;  and  among 
other  very  judicious  instructions,  he  had  specially  rec- 

*  Executive  Journal,  p.  287,  vol.  1. 
f  Executive  Journal,  p.  294,  vol.  1. 


mai 

or 

the 

actl 

froi 

Thi 


m^ 


1806.] 


OONDinOJf   OF       OL  JtrWT  1ART. 


tn 


ommended  to  bim,  in  select  wtg  iptuM  and  subalteiiis, 
"  to  endeavor  to  make  an  equal  distribution,  where  the 
population  would  permit  it,  among  the  ancient  and 
modern  Louisianians ;  but,  in  all  appointments,  to  con- 
sider a  fair  reputation  as  an  essential  qualification,  and 
an  attachment  to  the  Government  of  the  United  States 
as  a  great  recommendation.'' 

The  Judiciary  being  the  great  conservative  element 
in  our  institutions,  the  importance  of  securing  for  the 
Bench  the  services  of  men  distinguished  for  their  moral 
and  intellectual  worth  has  always  been  deeply  felt,  but, 
at  the  same  time,  no  adequate  salary  for  such  services 
has  ever  been  provided  for  to  this  very  day.  The  evil 
is  coeval  even  with  our  Territorial  organization ;  for,  on 
the  27th  of  November,  1806,  Claiborne  wrote  as  follows 
to  the  Secretary  of  State,  Mr.  Madison :  "  The  economy 
observed  in  the  salaries  of  the  judicial  officers  of  this 
Territory  will,  I  fear,  affect  the  respectability  of  our 
Judiciar}'.  The  compensation  of  a  Supreme  Judge  is 
really  inadequate  to  a  comfortable  support.  Judge 
Hall,  although  by  no  means  extravagant  in  his  mode  of 
living,  cannot,  I  am  sure,  make  his  salary  meet  his  ex- 
penses ;  and  as  for  Judge  Prevost,  who  has  a  large  family 
to  maintain,  he  cannot  possibly  avoid  making  inroads 
on  his  private  fortune." 

Whether  or  not  it  was  owing  to  these  inadequate 
salaries  that  Olaibome  had  not  been  able  to  secure  prop- 
er men  to  sit  in  the  inferior  courts  which  had  been 
created  by  the  Legislative  Council,  it  is  no  less  certain 
that,  according  to  his  declavation,  "they  neither  com- 
manded, in  the  discharge  of  their  functions,  for  the  law, 
or  for  themselves,  the  public  respect."  Forgetting  even 
the  impartiality  of  judges,  it  seems  that  they  took  an 
active  part  in  quan-els,  disputes,  and  other  contests, 
from  which  they  ought  to  have  kept  themselves  aloof. 
Thus  closed  the  year  1805. 


^S:^ 


^'•y.' 


•n 


17 1> 


CHAPTER  m. 


n^L^:. 


GOVERNOR  Claiborne's  AOHiNiSTRAnoN. — aaron  burr's 

CONSPIRACY. 


1806. 


i 


mm- 


^-    •: 


■  > 
'  • '  i ' 


Glaibobio,  in  the  beginning  of  December,  1805,  had 
been  compelled  to  visit  the  populous  county  of  Attaka- 
pas,  with  a  view  of  putting  en  end,  in  person,  to  dis- 
turbances which  had  almost  assumed  the  proportions  of 
a  civil  war,  and  which  arose  from  the  assassination  of  a 
Frenchman  named  St.  Julien,  who  was  connected  by 
marriage  with  one  of  the  most  infiuential  families  of  that 
section  of  the  Territoiy.  Another  object  of  Olaibome^s 
journey  was  to  examine  the  means  of  defence  on  which 
he  could  rely,  should  he  be  attacked  by  the  Spaniard!^ 
During  his  absence,  the  administration  of  the  Govern- 
ment devolved  upon  Secretary  Graham,  who,  on  the  2d 
of  January,*  wrote  to  Madison:  "This  day  we  rec(  ;ved 
by  a  ship  in  a  very  short  passage  from  New  York  the 
President's  Message  of  the  3d  of  December  to  the  Senate 
an'i  House  of  Bepresentatives.  A  copy  was  immediately 
sent  to  the  Governor;  and  if  he  receives  it,  I  am  sure  it 
will  hasten  his  return  to  the  city,  unless  he  finds  it  ex- 
pedient to  remain  a  little^  longer  where  he  is,  to  make 
some  arramjementa  for  the  defence  of  ov/r  western  fron- 
tiers. He  may  probably  think  this  the  more  necessarj', 
as  a  report  has  gone  abroad  that  the  Marquis  of  Casa 
Oalvo  has  been  tampering  with  the  Indians  in  that  quar- 

•  Executive  Journal,  pase  20,  vol.  2. 
(122)  ■ 


of 


1800.1 


MILITABT  BESOUB0S8  OF  THE  TERBITORT. 


128 


f)aiiiard  iu 
hen  be 
i«rom  the  re- 


ter.  Whatever  he  mmy  hare  done,  his  journey,  I  appre- 
hend, must  have  been  undertaken  from  uiotivuM  ditfereut 
from  thoM  he  ataigned  to  the  Governor,  for  he  lias  not 
yet,  I  am  told,  gone  where  he  stated  he  should  go,  and 
he  has  been  already  longer  absent  than  he  led  us  to  be- 
lieve he  would  be.  I  should  unwillingly  raise  in  your 
mind  any  improper  suspicions  against  this  gentleii.au, 
but  my  opinion  is,  that  he  ought  not  to  b»  |)ermitted  to 
remain  in  this  country.  His  manners  and  is  character 
must  give  him  influence,  and  that  iuflu.'^  ^  '  >>e  used 
against  us,  whenever  an  occasion  *^  i  /.'  h<  jiay  pre- 
sent itself.  If  we  could  get  clea^  '*f.  on 
the  country,  I  should  rejoice;  for  >• 
freed  from  our  most  dangerous  e; 
port  made  to  the  Mayor,  there  are  about  two  hundred 
and  thirty  of  these  people  here.  They  are  generally  of 
that  description  who  would  be  ready  to  seize  any  mo- 
ment of  disturbance  to  commit  the  ^est  depredations ; 
and,  whether  iu  peace  or  in  war,  they  are  a  nuisance  to 
the  country. 

'^  As  the  President's  Message  induces  me  to  believe 
that  a  rupture  with  Spain  is  not  an  improbable  event,  I 
have  felt  it  my  duty  (the  Governor  being  absent)  to  as- 
certain, for  your  information,  what  are  our  present  prob- 
able means  of  defence.  From  the  best  accounts  I 
can  get,  we  have  in  this  city  and  its  vicinity  about  three 
hundred  and  fifty  men,  other  than  French,  Spanish,  or 
natives,  on  whose  good  wishes  we  may  rely.  In  this  es- 
timate are  included  aU  the  Americans,  and,  in  fact,  all 
those  whose  language  is  not  French,  or  SpanisL  I  speak 
of  inhabitants.  To  these  we  may  add  a  hundred,  or 
perhaps  one  hundred  and  fifty  ssolors,  and  the  regular 
troops  in  garrison,  from  all  of  which  I  calculate  that  we 
could  not  draw  in  a  few  days  more  than  five  hundred 
men  fit  for  service.    In  making  this  estimate,  it  is  far 


r': 


,^^u^-  ... 

'(■r^- '.■■■-•■  .: 


p'^lk^r^\:. 


.ri:^ 


'kr:.-. 


Ifc;   •!»',4...''  .',     ■   ., 


124 


SECBETABY   GBAHAM   TO  MADISON. 


[1806. 


&om  my  intention  to  insinuate  that  there  are  not  many 
among  the  natives,  and  some  among  the  French,  who 
would  join  us ;  but,  at  present,  it  is  impossible  for  me 
to  form  anything  like  a  conjecture  7u)W  many  would  do 
so.  From  what  I  hear,  and  from  what  I  see,  I  am  in- 
duced to  think  that  the  prevailing  disposition  among 
these  two  classes  of  people  is  to  remain  neutral,  in  case 
of  a  war  between  Spain  and  the  United  States.  Yet  I 
believe  this  disposition  would  be  more  or  less  general 
according  to  the  measures  pursued  by  the  Americans 
here.  K  we  show  a  determination  to  resist  any  attack 
that  may  be  made,  many  of  them,  I  calculate,  will  join 
us — some  from  principle,  and  more  from  a  conviction 
that  we  must  ultimately  succeed.  But  if  we  do  not 
form  a  rallying-point  for  them,  they  will,  I  believe,  do 
nothing  themselves.  Under  this  impression,  the  Mayor 
and  myself  are  endeavoring  to  draw  all  our  country- 
men into  a  military  association  for  the  defence  of  the 
city,  if  it  should  be  attacked  by  the  Spanish  forces  now 

on  our  western  and  eastern  frontiers This 

association  will  be  put  into  no  regular  form  until  the  re- 
turn of  the  Governor.  He  will  then  give  it  that  which 
seems  to  him  most  proper.  The  object  of  it  is  to  draw 
out,  under  the  exigency  of  the  moment,  and  to  put  in 
military  array,  men  who  would  not  otherwise  subject 
themselves  to  the  inconvenience  of  doing  military  duty. 
The  expedient  will  answer  but  for  a  time,  and  I  fear  but 
for  a  very  short  time ;  for  the  Spanish  forces  are  increas- 
ing in  our  neighborhood,  and  might,  even  with  their 
present  number,  if  they  are  brave,  bear  down  any  oppo- 
sition we  could  make.  This  is,  at  least,  the  prevailing 
opinion,  and  the  very  circumstance  of  its  being  so  is 
alarming,  for  we  have  few  men  here  who  would  take 
what  they  supposed  to  be  the  weakest  side.  To  save 
their  property  would  be  the  great  object  of  nearly  all, 


it 


of 


1806.]      THE  SPANIABDB  STILL  LUTGEE  IN  LOUISIANA.       125 

and  to  take  arms  on  tlie  weakest  side  might  be  supposed 
as  the  readiest  means  of  losing  it  The  peculiar  circum- 
dances  attending  the  mulatto  corps  will  require  much 
delicacy  of  management.  I  hare,  therefore,  thought  it 
most  prudent  not  to  say  any  things  to  them  until  the 
Governor's  return." 

Claiborne's  return  was  not  long  delayed,  for  he  arrived 
on  the  5th  of  January,  and  he  informed  Madison,  on  the 
7th,  that  he  had  long  regretted*  the  prolonged  residence 
of  the  Marquis  of  Oasa  Oalvo  and  other  Spanish  officers 
in  the  Territory,  because  their  intrigues  weakened  the 
attachment  of  our  citizens  to  their  government,  engender- 
ed discontent,  and  were  made  the  ground  for  belief  that 
the  country  west  of  the  Mississippi  would  speedily  re- 
turn to  Spain.  He  added  that,  for  these  reasons,  he 
received  with  pleasure  the  official  communication  of  the 
President's  determination  to  urge  them  to  a  final  depart- 
ure, and  he  gave  the  assurance  that  he  would  endeavor 
to  convey  this  order  in  the  same  spirit  with  which  it 
was  sent  to  him,  so  as  to  leave  no  room  for  discussion. 
But  the  Marquis  was  stiU  absent,  and  some  uncertainty 
prevailed  as  to  the  place  where  he  might  be  found.  "  In 
the  course  of  to-morrow,"  wrote  Claiborne,  "  I  will  en- 
deavor to  obtain  correct  information  on  this  point,  and 
will  communicate  to  the  Marquis,  by  express,  the  order 
for  his  departure.  I  think  it  best  that  the  Marquis 
should  not  again  visit  this  city.  It  is  not  probable  that 
the  order  for  the  depiartu'A)  of  the  Spanish  officers  will  ex- 
cite any  commotion  in  the  interior  of  the  Territory,  or  that 
it  would  occasion  regret  to  other  persons  than  the  connec- 
tions of  the  individuals  concerned.  But  in  New  Orleans 
there  are  many  adherents  to  the  Spanish  interest,  a  few 
of  respectable  sltanding  in  society,  but  for  the  most  part 

*  EzeoatiTe  Jonnuil,  p.  27,  Tol.  9. 


w 


m 


■■■k 


■^Mb^^mm 


mm' 

'!fW*J4',-,»-!!i..'.. 


126 


.Ai^i'. 


CLAIBORNE^S  AIABMS. 


[1806. 


composed  of  character^  well  suited  for  miscliievous  and 
wicked  enterprises.  I  do  not  believe  that,  under  exist* 
ing  circumstances,  tbe  Marquis  would  encourage  acts  of 
violence  and  hostility ;  but  as  his  influence  here  is  con- 
siderable,  and  might,  if  used  on  the  occasion,  give  rise  to 
a  commotion  which  could  not  be  checked  without  blood- 
shed, I  have  thought  it  prudent  early  to  apprise  him  of 
the  President's  orders.  I  shall,  indeed,  be  sorry  if  the 
excursion  of  the  Marquis  should  have  subjected  me  to 
the  smallest  share  of  censure.  I  did  not  suppose  that 
his  I'eal  objects  were  unfriendly  to  the  United  States, 
nor  did  I  accredit  assurances  to  the  contrary,  which  he 
so  readily  gave  me.  But  as  I  doubted  my  authority 
to  prevent  his  excursion,  I  thought  it  best  to  state  no 
objections  to  it." 

Claiborne's  visit  to  several  of  the  counties  of  the  Terri- 
tory had  been  attended  with  satisfactory  results.  Some 
of  the  civil  authorities,  whose  regular  action  bad  been 
impeded,  had  been  a^in  set  in  motion,  and  gave  fair 
promise  to  answer  the  Governor's  expectations.  He  had 
commissioned  many  militia  officers;  he  had  given  on 
the  land  laws  sttch  explanations  as  were  suited  to 
check  the  rising  discontent;  and  he  bad  made  success- 
ful efforts,  as  he  believed,  to  attadi  the  citizens  to  tbe 
Goveriiment  of  the  Uiiited  Stages.  He  was  not,  bow^ 
ever,  withdut  considerable  alarm;  for,  on  tbe  8tb,  he 
infonned  tire  Departrtient  of  State*  that,  in  tbe  present 
crisis  of  affiairs,  tbe^tegulltr  troops  in  the  Territory  were 
too  few  in  number  to  give  con^fidence  to  tbe  wdl-dispos- 
ed  citizens,  or  to  deter  the  tJeiidierous  from  forming 
mischievous  machinations.  "The  Lcmisianiaiiid,''  he  sud, 
"  are  a  timid  ^pk>  and  so  little  acquainted  are  they 
with  the  strength  of  the  tJnited  States,  that  the  issue  <^ 

*  felxecative  Joonal,  p.  80,  Tdl.  8.     -    -^i'^^-'      ^ 


J     ■ 


1806.] 


THE  MULATTO   CORPS. 


127 


a  contest  with  Spain  is  esteemed  by  them  as  doubtfiil, 
and,  therefore,  they  (or  many  of  them)  would  probably 
be  disposed  to  remain  neutral,  as  the  surest  means  of 
preserving  their  property.  If  war  should  be  deemed 
inevitable,  I  esteem  it  my  duty  to  suggest  the  propriety 
of  raising  and  organizing  a  respectable  corps  of  horse. 
The  country  west  of  the  Mississippi  is  interspersed 
with  immense  prairies,  and  an  army  could  not  act  to 
advantage  in  that  quarter  without  the  support  o^ 
cavalry. 

"  With  respect  to  the  Mulatto  corps  in  this  city,  to 
which  Mr.  Graham  alluded  in  his  communication,  I  am, 
indeed,  at  a  loss  to  know  what  policy  is  best  to  pursue. 
Their  organization  duiing  the  late  temporary  govern- 
ment was  not  liked  by  the  ancient  Louisianians,  nor 
were  there  wantii^  Americans  who,  with  a  view  to  my 
injury,  reprobated  the  proceeding, '  both  by  speaking 
and  writing.  Indeed,  so  much  was  said  on  the  subject, 
that  the  late  Legislative  Council  thought  it  prudent  to 
take  no  notice  of  the  Mulatto  corps  in  the  General 
Militia  Law.  This  neglect  has  soured  them  considerably 
with  the  American  Govemmeat,  and  it  is  questionable 
how  far  they  would,  in  time  of  danger,  prove  faith^l 
to  the  American  standard.  I  e^all,  however,  procure  a 
census  of  the  free  people  of  color  who  fussiAe  in  and 
near  this  city.  Those  capable  of  bearing  aniiF  may 
probably  amount  to  about  five  hundred,  and,  while 
proper  exertions  shall  be  made  to  conciliate-  the  good- 
^vill  of  all,  X  have  little  doubt  but  that  those  among 
them  who  possess  pr<^>erty  and  a  fair  reputation  will, 
in  any  event,  ^ove  faithful  ki  their  allegiance.'^ 

On  the  IQth  of  J^uary,  Claiborne  4i«patched  Capt. 
Boss  in  search  of  the  Msrquis  of  Clisa  Oalvo,  with  a  letter 
informing  the  Marquis  that  the  President  of  the  United 
States  had  directed  him  and  all  other  persons  holding  com- 


kWA 


wt 

f^i' 

W^ 

Ih 

fm 

^^ 

)3 

m 

Vr..,.V|  ■  •',?•■/■.  ■'iTrS^-rii'iS  if 


128 


CLAIBOENE  TO   CASA   CALVO. 


[1806. 


')i-v-  '■  '. 


missions  from,  or  retained  in  the  service  of,  Hs  Catholic 
Majesty,  to  quit  the  Tenitory  of  Orleans  as  soon  as 
possible.  He  further  informed  the  Marquis  that  this 
proceeding  had  been  resorted  to  as  a  measure  of  pre- 
caution, rendered  the  more  expedient  from  the  rejection 
by  Spain  of  the  proposals  submitted  by  the  Envoy 
Extraordinary  of  the  United  States  for  an  amicable 
adjustment  of  existing  differences — ^from  the  reinforce- 
ments lately  landed  at  Pensacola — ^from  similar  move- 
ments on  our  western  frontier — ^and  from  the  recent  acts 
of  aggression  conunitted  by  the  Spanish  troops  in  that 
quarter.  *'  I  repeat  to  your  Excellency,"  said  Claiborne, 
"  that  this  is  only  a  measure  of  precaution  dictated  by 
the  circumstances  of  the  times,  and  not  intended  as  an 
act  of  offence  toward  your  nation,  or  of  rigor  against 
yourself  and  the  other  gentlemen  attached  to  the  ser- 
vice of  his  Catholic  Majesty. 

*'  In  making  this  communication  to  your  Excellency, 
it  may  be  proper  further  to  inform  you,  that  you  have 
never  been  accredited  by  the  President  of  the  United 
States  as  a  Commissioner  of  Limits ;  that  no  pr^^posal 
has  been  made  on  the  part  of  Spliin  for  setting  siich 
a  commission  on  foot,  nor  indeed  can  it  be  considered  as 
necessary,  l  long  as  the  present  difference  of  opinion 
continues  respecting  the  lines  to  be  run.^^ 

The  next  day,  the  11th,  he  communicated  a  similar 
order  to  Intendant  Morales,  who  was  then  in  New  Or- 
leans, and  who  immediately  remonstrated  against  the 
enforcement  of  such  a  measure.  But  Claiborne  replied, 
that  he  had  no  power  to  deviate  from  his  instructions, 
and  that  if  his  Catholie  Mfyesty  wished  an  accredited 
agent  to  reside  at  New  OrleaiUy  the  proper  channel  of 
application  would  be,  through  hie  Minister,  to  the  Pres- 
ident of  the  United  States.  Claibome  was  determined 
this  time  to  get  rid,  cost  what  may,  of  the  presence  of 


groi 
case 
to  rel 

y6t 

BattJ 

bornj 

pose 

occasj 

and 

son; 

reside 


1806.] 


BATTALION   OF   ORLEANS   VOLUNTEERS. 


129 


tliese  dangerous  guests,  and  even  instructed  Major 
Porter,  who  was  in  comihand  of  Fort  Claiborne,  in  the 
District  of  Natchitoches,  to  use  force,  if  necessary,  to 
prevent  the  return  of  Casa  Calvo,  should  that  officer 
attempt,  as  was  expected,  to  pass  through  that  section 
of  the  Territory  on  his  way  back  to  New  Orleans.* 

Under  such  circumstaLces,  and  when  it  was  still  a 
matter  of  doubt  how  the  Spanish  officers  would  take 
this  abrupt  dismissal  from  the  Territoiy,  whore  they 
were  lingering  with  such  persevering  and  mysterious 
fondness,  Claiborne  learned,  with  great  displbasure,  that 
General  Wilkinson  had  given  a  special  order  to  detach 
one  fdU  company  from  New  Orleans  to  Fort  Adams. 
The  regular  trobps  in  the  city  did  not  exceed  two  hun- 
dred and  eighty  mm  at  the  time,  including  officers,  and 
of  these  about  sixty  were  on  the  sick-list.  To  with- 
draw a  whole  company  from  such  a  small  eflPective  force 
was,  therefore,  a  matter  of  considerable  importanccf 
Claiborne  requested  Colonel  Freeman,  the  commanding 
officer  in  New  Orleans,  to  suspend  the  execution  of 
Wilkinson's  order.  But  the  Colonel  refi  led,  on  the 
ground  that  he  had  no  such  discretionary  power.  In  a 
case  of  emergency,  Claiborne  would,  therefore,  have  had 
to  rely  chiefly  on  the  militia,  which  was  far  from  having 
yet  a  proper  organization,  with  the  exception  of  the 
Battalion  of  Orleans  Volunteers,  represented  by  Clai- 
borne as  composed  J  of  "  active,  gallant  young  nMgi,  who 
possessed  much  militaiy  ardor,  and  who  would,  if  the 
occasion  required  it,  sup^  ort  with  firmness  the  interest 
and  honor  of  their  country."  He  also  wrote  to  Madi- 
"  The  native  citizens-  of  the  United  States  who 


son 


reside  in  this  city  have  of  late  manifested  a  great  share 

■r*  ■ 

*  Bxecntive  Journal,  {>.  40,  vol.  3. 
f  Ezeoutiye  Journal,  p.  43,  vol.  S.   . 
I  BxeeutiTO  Journal,  p.  42. 


1 


,1-,. 


v.:  .  ■ 


180  INDIFFEBENCE  TO  I'HE  BIGHT  OJ)'  SUITE  AGE.     [1806. 

of  military  ardor,  and  I  perceive  with  satisfaction  that 
a  true  spirit  of  patriotism  aniAiates  many  of  the  young 
,  Creoles."  *  But  he  did  not  escpress  himself  so  favorably 
as  to  the  interest  taken  by  the  population  in  the  exer- 
cise of  their  right  of  suffrage ;  for  he  thought  proper  to 
call  the  attention  of  Madison  to  the  "  great  degree  of 
political  apathy"  which  had  prevailed  in  the  community 
in  relation  to  an  election  for  the  House  of  Ecpresenta- 
tives,  which  had  been  hqld  on  th6  21st  of  Januaiy. 

Perhaps  this  indifference  shown  to  the  Government 
which  had  been  lately  implanted  in  Louisiana  was,  to 
some  degree,  due  to  the  apprehension  on  the  part  of 
many  of  displeasing  the  Spanish  authorities  still  present, 
by  appearing  to  hai*monize  with  the  ne^'  possessors  of 
the  soil,  and  to  appreciate  their  institutions ;  for  it  must 
not  be  forgotten  that,  in  the  opinion  of  many,  the  cession 
of  Louisiana  was  far  from  being  irrevocably  settled 
Hence  Claiborne  spared  no  effort  to  accelerate  the  de- 
parture of  these  agents  of  the  Government  of  Spain. 
Morales,  who  was  anxious  to  remain  where  he  was,  had 
alleged  to  Claiborne,  as  a  reason  for  the  delay  he  solicit- 
ed, that  he  was  expecting  from  the  Viceroy  of  Mexico  a 
large  sum  of  money,  about  four  hundred  thousand  dol- 
lars, to  pay  the  debts  of  his  Catholic  Majesty  to  certain 
citizens  of  the  Territory,  which  could  not  be  done  in  his 
absence.  Thi»  was  intended  as  a  strong  argument,  from 
which  puch  was  to  be  hoped;  but  Claiborne  met  it  in 
these  T^brds :  "  Should,  sir,  the  money  arrive  here  before 
a  Spanish  agent  is  accredited  in  this  city  by  the  Presi- 
dent of  the  United  States,  I  shall  lose  no  time  in  for- 
warding to  you  at  Pensacola  a  blank  passport,  in  which 
you  may  insert  the  name  of  such  person  as  you  may 
think  proper  to  vest  with  authority  to  receive  it,  and  to 

I 

f<     *  Executive  Jounud,  p.  48. 


ruaryj 
throus 
Captal 


■^./: 


;■.? . 


1808.]" 


EXPULSION  OP  MORALES. 


131 


liquidate  and  discliafge  the  aforesaid  debt."  This  was 
not  all ;  and  Claiborne,  not  trusting  entirely  to  the  force 
of  his  logic  to  produce  on  tlfe  stubbdm  pertinacity  of  ^ 
Morales  the  effect  which  he  desired,  added  this  signif- 
icant paragraph :  "  I  esteem  it  a  duty  to  remind  you  that 
the  departure  from  this  Territory  of  yourself  and  the 
gentlemen  attached  to  your  department  will  be  expected 
in  the  course  of  the  present  month."  This  was  allowing 
very  little  breathing-time  to  Morales ;  for  this  note  was 
dated  on  the  25th  of  January,  and  to  it  was  annexed  a 
passport  couched  in  the  most  courteous  terms.*  It  was 
no  longer  possible  for  the  Intendant  to  expostulate,  and, 
on  the  1st  of  February,  he  departed  for  Pensacola. 
'  Thus  the  obnoxious  Intendant  had  at  last  bfeen  driven 
out.  There  reTr>.ained  the  lordly  Casa  Calvo  to  be  also 
dismissed  without  delay.  Claiborne  was  anxious  to  have 
done  with  this  unpleasant  duty ;  the  more  so,  that  every 
day  something  occurred  which  rendered  more  desirable 
the  complete  absence  of  all  Spanish  influence  in  the  Ter- 

,  ritory.  For  instance,  on  the  29th  of  January,  Stephen, 
a  free  black  man,  had  appeared  before  Claiborne  and 
declared  on  oath  that  the  people  of  color  had  been 
tattipered  with,  and  that  some  of  them  were  devoted  to 

.  the  Spanish  interest,  which  declaration  Claiborne  believed 
to  be  true.f  Stephen's  information  was  also  corroborated 
by  that  of  a  white  man  called  Horatio  Gerel,  which  was 
not  without  effect  on  Claiborne's  mind,  althougl^  he  did 
not  credit,  on  the  whole,  the  statement  of  the  deponent. 
^  Fortunately,  Claibomo's  aninety  was  relieved  by  the 
arrival  of  Oasa  Calvo,  o:x  the  evening  of  the  4th  of  Feb- 
ruary. The  Marquis  had  come  from  Nacogdoches, 
through  Natchitoches,  but  without  having  met  witli 
Captain  Ross.    On  the  6th,  Claiborne  hastened  to  express 


'fjr^dM: 


^P««a 


iie* 


::'m^Sm.f-  W'^'f 


*  JSzecative  Journal,  p..  48,  t61.  9. 
f  BzecntiTe  Jooraal,  p.  88,  ▼ol.  2. 


.•-.-  J     ,M..  -  *"SKV!.i,V 


>..*»'•■■■'■'; 


^t;i.':> 


ff' 


» 

►^ ,' 

'.\'-i. 


182 


EXPULSION   OF  CA8A   OALVO. 


[1806. 


to  him,  as  politely  as  possible, "  tlie  wish  that  his  depart- 
ure might  not  be  delayed  beyond  a  few  days."  The 
4,Marquis  was  shocked,  and  remonstrated  ;  but  Claiborne 
replied  that  he  could  not  doubt,  nor  could  discuss, 
the  propriety  of  the  orders  of  the  President  of  the  United 
States ;  that  they  served  as  a  rule  for  his  conduct ;  and 
that,  on  the  present  occasion,  the  only  duty  devolving 
upon  him  was  to  see  them  executed,  .therefore  he  re- 
quired that  the  Marquis  and  all  other  persons  holding 
commissions  from,  or  retained  in  the  service  of,  his  Catholic 
Majesty,  should  quit  the  Tenito.y  of  Orleais  as  soon  as 
possible,  and  he  "  tendered  such  services  ae  might  be  in 
his  power  to  facilitate  their  embarkation."  The  Marqais 
was  fai"  ft'om  being  pacified  by  the  urbane  tone  of  this 
communication.  He  retorted  that  he  looked  on  the 
treatment  inflicted  on  him  aa  a  shameful  act  of  violence, 
and  an  insult  to  the  King  his  master.  "  On  the  contmry," 
replied  Claiborne,  on  the  11th  of  Pebraarj', "  thejresidence 
of  so  many  Spanish  officers  in  this  Temtory  having  been 
permitted  by  the  President,  so  long  beyond  the  time 
presciibed  by  treaty  for  their  departure,  is  a  proof 
of  his  respect  for  his  Catholic  Majesty,  and  of  his  liberal 
indulgence  toward  those  employed  in  his  service;  an 
indulgence  which,  I  am  sorry  to  perceive,  is  not  suffi- 
ciently appreciated  by  all  who  eicperience  it."  Then 
followed  a  request  that  the  Marquis  should  depart  on  or 
before  the  15th  day  of  the  present  month,  with  all  the 
officers  of  Spain  remaining  in  the  Territoiy.  The  next, 
day,  the  12th,  he  sent  to  the  Marquis  a  passport,  inclosed 
in  a  short  note,  expressing  ^'  his  best  wishes  for  the  health 
and  happiness  of  the  nobleman  whose  presence  had  become 
so  unacceptable."  Casa  Calvo,  like  Morales,  felt  that  he 
could  no  longer  tarry,  and  departed  on  the  day  fixed  by 
Claiborne,  but  full  of  wrath  and  indignation. 
On  the  13th  of  February,  Claiborne  iiiformed  Jefferson 


6!^-.'r 


ISOe.j       ^  fliGir  CHARGES   IN   LOUISIANA. 


188 


that  the  public  sentiment,  if  he  was  not  greatly  mistaken, 
had  of  late  undergone  a  change  highly  favorable  to  the 
American  Government.  "  The  natives  of  Louisicna,"  he 
said,  "  arc  for  the  most  part  attached  to  the  Government 
of  the  United  States,  and  I  am  persuaded  that  most  of 
the  men  of  property  would,  in  the  event  of  war,  rally 
around  the  xVmerican  standard."  Toward  the  close  of 
this  month,  ClaiiDorne  rendered  to  Albert  Gallatin, 
Secretary  of  the  Treasury,  an  account  of  his  expenses, 
with  his  remarks*  and  comments  on  the  subject,  ciLong 
which  is  a  passage  depicting  a  state  of  things  which  has 
continued  to  this  day :  "  You  will  probably  be  surprised 
at  the  high  charge  of  printing  for  the  Executive  Depart- 
ment ;  but  it  is  only  in  unison  with  every  other  charge 
for  public  or  private  services  in  the  city ;  and  if  my  ex- 
penditure should  wear  the  aspect  of  extravagance,  I  pray 
you  to  attribute  it  to  the  character  pf  the  place  where  I 
reside,  and  not  to  the  want  of  a  disposition,  on  my  part, 
to  bring  my  disbursements  within  the  limits  of  a  prudent 
economy." 

The  dismissal  of  Morales  and  Casa  Calvo  from  New 
Orleans  gave  new  fuel  to  the  already  existing  hostility 
Q^  liie  Spaniards  to  the  Americans,  and  that  hostility 
."ihowed  itself  repeatedly,  in  different  ways,  whenever  the 
opportunity  occuned.  Thus,  on  the  15th  of  March, 
Claiborne  was  informed  that,  for  the  future,  the  mail  of 
the  United  States  would  not  be  permitted  by  Governor 
Folch,  of  Florida,  to  pass  either  by  land  or  by  water 
through  that  part  of  the  dominions  of  his  Catholic  Majes* 
ty;  that  the  fortifications  of  Mobile  were  undergoing 
repairs;  and  that  the  Spaniards  were  at  work  among  the  nu- 
merous tribes  of  the  Choctaws,  with  the  hope,  in  case  of 
need,  to  induce  them  to  join  in  a  war  against  the  United 
States.  This  information  excited  the  apprehensions  of 
Claiborne,  and,  oi"  the  18th  of  March,  h^*  wrote  to  the 

•  .   *  Executive  Jonnial,  p.  87,  vol.  2. 


'••r 


J!i!''i'.  '• 


t'."  (• 


xm 

^m 


^l8..| 


m 


•»>iirt' 


■■%::«■ 


m 

JvV 


■rf«'M  •  -  1    ■«,  ■ 


:  iyi* 


■■  f  '■■»... -v  ■ ' 


R-- 


134 


IirTEBNAL   mPROVEMEKTS.  * 


[1806. 


President :  "  The  presence  of  a  respectable  force  is  es- 
sential to  the  safety  of  New  Orleans.  I  suppose  that,  at 
this  ti|ne,  there  cannot  be  less  than  two  millions  of  dol- 
*lars  in  this  city,  which,  together  with  the  merchandise 
in  the  numerous  private  warehouses,  would  furnish  a 
rich  booty  for  a  successful  enemy." 

According  to  a  proclamation  of  the  Governor  concern- 
ir  •:/  an  early  session  of  the  Legislature,  that  body  met  on 
the  24th  of  March.  Cbiborne,  in  his  message,  congrat- 
ulated them  on  the  prosperous  condition  of  the  Territory, 
whose  interests  were  committed  to  their  care.  "The 
late  Legislative  Council,"  he  said,  "  did  much  for  the 
preservation  of  order  in  society,  and  for  the  advancement 
of  the  general  weal;  but  much  as  that  assembly  did, 
still  much  is  left  for  the  present  Legislature  to  accom- 
plish  In  the  infancy  of  our 

political  careei",  we  should  consider  our  law-  as  experi- 
ments, and  they  should  undergo  such  improvements  as 
reason  and  experience  may  suggest."  He  then  recom- 
mended a  revision  of  the  judiciary  system,  certain  im- 
provements to  be  made  in  the  criminal  code,  the  estab- 
lishment of  a  penitentiary  with  solitary  confinement,  the 
creation  of  work-houses  for  vagrants,  houses  of  c(m>e(^)^ 
for  the  dissolute,  houses  of  refuge  for  the  destitute,  apd 
provisions  for  the  trial  of  slaves  by  summary  process. 
tie  also  called  the  attention  of  the  Legislature  to  the 
necessity  of  facilitating  the  means  of  internal  commercial 
intercourse,  and  of  improving  navigation  on  those  water- 
courses which  led  from  the  counties  of  Attakapas  and 
Opelousas  to  the  river  Mississippi.  The  want  of  that 
proper  care  which  should  have  been  bestowed  on  roads 
and  levees  was  conmiented  upon,  and  legislative  interfer- 
ence demanded.  As  to  the  important  subject  of  ieduca- 
tion,  he  said,  "  It  is  with  regret  I  have  to  inform  you 
that  t^e  Uw  pa^se4  b^  the  L^giftl^iy^Council,  entitled 


,  J  -.1*".  (  .';;; 


Vl' 


1806.] 


OLAIBOBNE   ON   EDUCATION. 


185 


m 

Id 


'  An  Act  to  establish  a  Univei-sity  in  the  Territory  of 
Orleans,'  does  not  promise  to  advance  the  interest  of 
literature  with  the  rapidity  which  was  contemplated.    . 

The  doctrine  which  prevailed  in  an 
ancient  JRepuhlic  of  Greece,  with  respect  to  their  youth,  is 
one  which,  in  my  opinion,  ought  always  to  be  cherished 
by  a  free  people.  The  youth  should  be  considered  as 
the  property  of  the  State,  their  welfare  should  consti- 
tute a  primary^  care  of  the  Government,  and  those  in  power 
should  esteem  it  an  incumbent  duty  to  make  such  pro- 
visions for  the  improvement  of  the  minds  and  morally  of 
the  rising  generation  as  ^vill  enable  them  to  appreciate 
the  blessings  of  selt-government,  and  to  preserve  those 
rights  which  are  destined  for  their  inheritance.  I  am 
one  of  those  who  admire  the  plan  adopted  by  some  of 
the  States  of  the  American  Union :  that  of  establishing 
a  school  in  every  neighbdl'hood,  and  supporting  it  by  a 
general  tax  on  the  society.  I  should,  indeed,  be  happy 
to  see  a  similar  policy  pursued  in  this  Territory,  and  a 
tax  which  would  bear  alike  on  everj"  individual,  in  pro- 
portion to  his  wealth,  levied  for  the  purpose."  He  en- 
larged on  the  necessity  of  organizing  the  militia  in  the 
nqpst  effective  manner,  which  was  of  importance  at  all 
times,  but  more  particularly  "  at  a  period  when  the  Uni- 
ted States  were  experiencing  from  foreign  powers  inju- 
ries which,  if  not  promptly  redressed,  must  be  avenged.'' 
He  wound  up  with  recommending  an  increase  of  taxes 
to  meet  the  expenses  of  the  new  Government. 

On  the  27th  of  March,  Claiborne  wrote  to  Madison  : 
"  I  am  anxious  to  learn  the  real  state  of  affairs  between 
the  United  States  and  foreign  nations,  and  pai-ticularly 
so  as  it  relates  to  Spain.  The  free  navigation  of  the 
Mobile  by  American  vessels  is  still  prohibited,  and  our 
fellow-citizens  on  the  Tombigbee  are  experiencing  there- 
from the  most  sftious  inconveniences ;  their  articles  of  ex- 


WO 


♦ 


136 


INCREASE  OF  TBOOPS   REQUtllE: 


1* 


[1806. 


m 

mm 


■'f.V-'f'X'. 


.K,  Iff  .V'.,.'     ,    , 

*  .-  J*  •  ■ '    ... 


portation  are  of  no  value,  and  many  of  the  neceisaries 
of  life,  which  were  hitherto  received  by  the  Mobile,  are 
in  great  scarcity ;  in  short,  sir,  if  the  present  state  of 
things  should  continue  for  six  months  longer,  the  settle- 
ment would  be  ruined,  and  perhaps  abandoned.  Tlie 
American  citizens  on  the  Tombigbee  have  entered  into 
an  agreement  not  to  traffic,  or  to  have  any  intercourse 
with  the  Spaniards,  so  long  as  the  free  navigation  of  the 
Mobile  is  denied.  But  this  agreement  only  proves  the 
spint  and  patriotism  of  our  fellow  citizens ;  it  will  pro- 
duce no  injury  on  their  oppressors."  Commenting  on 
this  state  of  things,  he  drew  the  inference  from  passing 
events,  and  from  those  which  were  expected,  that  Amer- 
ican interests  required  that  there  should  be  at  least 
twelve  hundred  troops  in  the  Territoiy  of  Orleans. 
"  The  presence  of  such  a  force,"  he  remarked,  "  would  not 
only  deter  the  Spanish  agents  'in  our  vicinity  from  ven- 
turing on  acts  which  are  calculated  to  irritate,  but,  what 
is  infinitely  of  more  consequence,  it  would  give  our  new 
fellow-citizens  a  confidence  in  the  American  Government 
which,  I  am  sorry  to  say,  many  of  them,  at  this  time,  do 
not  possess.  I  have  labored  to  infrise  among  the  people 
here  a  martial  spirit,  and  to  keep  up  a  degree  of  military^ 
ardor,  but  I  perceive,  with  regret,  that  the  spirit  which  was 
tor  awhile  roused  is  declining,  and  that  a  general  apathy 
is  prevailing.  The  native  Americans  declare  that  the 
Government  neglects  them,  and  the  ancient  Louisianians, 
seeing  no  military  preparations,  are  impressed  with  an 
opinion  that  the  United  States  are  either  unable,  or  un- 
willing, to  contend  with  the  power  of  Spain." 

Claiborne  was  not  without  reasons  for  desiring  a  re- 
inforcement.   The  news  from  Natchitoches  were  of  an  * 
unpleasant  nature.*    Spanish  troops,  to  the  number  of 


t 


,^i;v  :.■.o•.'v•:. 
Illp^  ■'C>r»  :  :.v..  • 


*  Executive  Jooroal,  p.  104,  ▼oL  d^ 


*  Execj 
f  Execj 


1806.] 


HOSTILE   ACTS   OF   illE   SPANIARD8. 


137 


■  '.*. 


four  hundred  accompanied  by  Horae  Indians,  had  assem- 
bled on  the  Sabine,  threatening  to  advance,  and  to  re- 
sume the  same  position  near  to  Natchitoches  from  which 
a  small  Spanish  guard  had  lately  been  driven  by  Captain 
Turner,  under  the  orders  of  Major  Porter.  This  move- 
ment on  the  part  of  the  Spaniards  had  excited  nmeh 
alarm  on  the  western  frontier,  and  should  they  perse- 
vere in  their  design,  it  was  doubted  whether  it  would 
be  in  the  power  of  Major  Porter  to  oppose  tlieiu  with 
success,  inasmuch  as  his  force  did  not  e^^ceed  two  hun- 
dred effective  men.  Migor  Porter,  however,  was  not 
intimidated  by  this  hostile  demonstration,  and  had  sta- 
tioned* a  company  of  infantry  in  advance  of  Natchito- 
ches, and  within  the  limits  assigned  by  the  Spanish 
agents  to  the  province  of  Texas. 

Meanwhile,  Governor  I^olch,  of  Florida,  being  under 
the  impression  that  a  war  between  the  United  States  and 
Spain  was  a  probable  event,  and  that  France  would  not 
view,  without  concern,  a  contest  in  which  the  interest 
of  her  ally  was  involved,  wrote  to  Mr.  Desforguea,  the 
French  Consul  at  New  Orleans,  and  advised  the  imme- 
diate transportation  to  Mobile  of  a  park  of  artillery  be- 
longing to  France,  and  still  remaining  in  the  Territory. 
Mr.  Desforgues  refused  to  conform  to  the  wishes  of  Gov- 
ernor Folch,  and  replied  that  he  would  not  deliver  the 
artillery,  either  to  the  agents  of  Spain,  or  of  the  United 
States,  without  the  orders  of  his  Go\ernment.  He  con- 
fidentially communicated  this  correspondence  to  Gov- 
ernor Claiborne,  to  convince  him  of  his  disposition  to  act 
a  just  and  candid  part  toward  the  United  States,  and 
he  expressed  the  hope  that  it  would  also  be  received  as 
an  evidence  of  his  confidence  in  the  Governor,  and  of  his 
personal  esteem  for  him.f 

*  Exectttive  Jouraal,  page  110,  vol.  3, 

f  Executive  Joomal,  p.  110,  vol.  2.    Claiborne  to  Madison,  8th  of  April,  1800. 


lit? 


I'm'!" 


1^' 


■♦■'  1. 4  <: 


nsi^i 


^■» 


-m 


Htii 


'.>  •^^'   -■'';V 

■;-.;■  ^I *■■>,'■»  . 


188 


JOHN   RAIfDOLPH  AND   OLAIBOItNE. 


[1806. 


"  To  the  mortification  of  Claiborne,  the  Territorial  Legis- 
lature, which  he  had  convened  in  an  extraordinary  session, 
made*  but  little  progress  in  the  dispatch  of  business. 
"  The  ancient  Louisianians,"  said  he  in  a  communication 
to  Jefferson,  "  are  greatly  jealous  of  the  native  Ameri- 
cans who. are  in  the  House  of  Representatives,  nor  are 
there  wanting  some  designing  malcontents  out  of  office 
and  confidence,  who  have  recourse  to  every  eirpedient 
to  disseminate  the  seeds  of  distrust  and  discontent.  I 
*  am  at  present  on  excellent  terms  with  the  two  Houses 
of  Assembly,  but  I  fear  this  good  understanding  will 
%  not  continue  throughout  the  session ;  many  laws  will  be 
offered  for  my  approbation,  and  my  duty  will  compel  me 
to  reject  several.  Then  commences  a  jealousy  of  the 
Executive,  and  the  base  intriguers  will  spare  no  pains  to 
widen  the  breach." 

On  the  16th  of  April,  Claiborne  was  much  gratified 
at  being  informed  that  the  Spanish  force  had  -been  with- 
drawn from  the  Sabine,  and  that  the  orders  to  cross  that 
river  and  establish  a  post  near  Natchitoches  were 
countermanded  by  the  Governor-General  of  Texas. 
But,  at  the  same  time,  he  was  much  annoyed  by  an 
attack  made  against  him  in  Congress  by  John  Randolph, 
who,  with  his  usual  acerbity  of  temper,  accused  his 
administration  of  being  marked  with  weakness  and  im- 
becility. Commenting  >  on  this  attack  in  a  letter  to 
Madison,  dated  29th  of  Apri],f  he  said:  "The  corre- 
spondent of  Mr.  Randolph  has  inade  him  to  speak  in 
language  the  reverse  of  truth.  This  Government  is  not 
fn  imbecile  one  I  it  is  sufficiently  strong  for  all  good 
purposes !  I  ask  Mr.  Randolph  and  his  friend  to  pro- 
duce proof  of  its  imbecility.  I  ask  if  the  laws  are  not 
enforced  ?  if  personal  rights  are  not  secured  and  good 


'v^:A. 


*  Executive  Journal,  p.  118,  vol.  3. 
f  Executive  Journal,  p.  119,  vol  8. 


WOU^ 

a  dis 
as  til 
So 
citize 
conf€ 
circu 
Supe 
testii 
that 
of  cil 
right 
citizei 
be  tl 
eugfi 
contii 
were 
claimil 
to  thel 


1806.] 


EEatJLATlONS   ON  CITIZEK^HIP. 


139 


order  preserved  ?  I  do  not  know,vnor  do  I  believe,  that 
the  Government  is  odious.  If  there  are  persons  who 
would  have  preferred  another  system,  it  does  not  follow 
that  the  present  one  deserves  their  odium.  .  ... 
.  .  With  regard  to  the  discontents  of  the 
people,  I  by  no  means  consider  them  as  general  or  as 
serious  as  is  represented.  That  the  Louisianians  have 
a  great  partiality  for  France  as  their  mother  country ; 
that  former  habits  had  attached  many  of  them  to  the 
Spanish  system  of  government,  and  that  the  intrigues 
of  a  tew  artful,  designing  men  had  promoted  discontent 
and  occasioned  me  much  trouble,  are  facts  of  which  I 
have  long  apprised  you ;  but  so  far  from  admitting  that 
the  Louisianians  are  prepared  to  receive  with  open 
arms  an  invader,  I  am  impressed  with  an  opinion  that, 
in  the  event  of  war,  many  of  the  Creoles  of  the  country 
would  be  found  faithful  to  the  United  States.  Perhaps 
a  disposition  to  remain  neutral  might  become  pievalent, 
as  the  surest  means  of  preserving  their  property." 

Some  difficulties  having  arisen  as  to  the  evidences  of 
citizenship  and  the  enjoyment  pf  the  rights  which  it 
conferred,  Claiborne  issued,  on  the  30th  of  April,  a 
circular  to  the  notaries  public  and  the  clerks  of  the 
Superior  Court,  who  then  were  empowered  to  receive 
testimony  on  the  subject,  in  which  he  informed  them 
that  the  Governor,  for  the  future,  would  give  a  certificate 
of  citizenship  to  no  person  who  should  not  prove  his 
right  to  the  same  by  his  own  oath  and  that  of  two 
citizens  of  the  Territory — which  citizens  should  either 
be  the  owners  of  real  property  within  the  same,  or 
engaged  in  some  particular  business  which  promised  a 
continuance  of  their  residence  in  the  Territory.  They 
were  instructed  to  notify  this  regulation  to  persons 
claiming  citizenship,  and  to  call  their  special  attention 
to  the  fact  that  care  would  be  taken  to  detect  such  per- 


is...'.' .. 

si  '<•'. 


'.«'■:•■ 


^ , 


140 


GOVERNOB  CLAJBOENE'S  VETO. 


[1806. 


tilf'fW 


*<^''^: 


'■il.. 


Si;*;'  ■■;»..■>  ■'■■  • 


I 


?»'■-*,;■ 


I 


m'-r 


son  as  might  depose  falsely  toucliing  the  claim  of  cit- 
izenship for  himself  or  others,  and  to  bring  him  to  that 
punishment  which  the  law  prescribes  for  the  crime  of 
perjury.* 

Those  disagreements  which  Claiborne  had  foreseen 
as  destined  to  arise  between  tl\e  Legislature  and  himself, 
were  not  slow  in  making  their  appearance.     An  act 
had  been  passed  "  to  establish  certnin  conditions  neces- 
sary to  be  a  member  of  either  house  of  the  Legislature 
of  the  Territory  of  Orleans."    Claiborne  vetoed  the  bill, 
on  the  ground  that  its  operation  would  be  revolution- 
ary, and  that  it  would  deprive  of  their  seats  several 
jnembers  of  the  present  Legislature.     "  It  seems  to  me,"j 
said  he,  "  that  a  member  possessed  of  the  qualifications 
required  by  the  ordinance  for  our  Government  has  a 
right  to  continue  his  functions  during  ^''      period  of 
which  he  was  elected  ;  and  that  a  law  v      ''■  shall  im- 
pose other  qualiiications  than  those  pointed  out  in  the 
ordinance  cannot  be  constitutional,  unless  its  operation 
shall  be  prospective,  and  not  permitted  to  affect  the 
sitting  members."    This  was  on  the  2d  of  May.    On  the 
8th,  he  inclosed  to  Madison  a  copy  of  the  bill,  with  a 
copy  of  the  message  in  which  he  had  expressed  his 
disapprobation  of   it,  and     remarked:    "The  ancient 
Louisianians  in  the  Legislature,  are  impatient  of  control, 
and  will  illy  receive  a  check  from  the  Executive  author-i 
ity,  but  I  must  do  my  duty,  and  shall,  on  every  occa-? 
sion,  act  the  part  which  my  judgment  approves.     By^ 
pursuing  this  course,  I  may  present  my  enemies  fresh 
materials  to  work  upon,  and  render  myself  unpopular, 
but  my  conscience  will  be  tranquil,  and  I  shall  sleep 
the  better  at  night."   On  the  14th  he  added :t    "The 
Territorial  Legislature  will,  I  fear,  do  little  good  during 

*  Executive  Journal,  p.  131,  vol.  3. 
•     \-   f  Executive  Journal,  p.  13S,  vol.  3.  v^i     «  'I,. 


u 

citize 
fixed! 
and 
Gove 
the 
and 
presej 
by  tl 
turei 
man 
-    A 
anothj 
contii 
the  ai 


r^\ 


1806.]         OLAIBOBlfS's   OPHTION   OP  HfiJ^  JUTIVES.  141 


the  present  session.  They  are  divided,  ^nd  one  party — 
the  strongest — seems  to  be  greatly  influenced  by  a  few 
men  in  this  city,  whose  politics  and  views  are,  in  my 
opinion,  in  opposition  to  the  interests  of  the  United 
States."  He  resumed  the  subject  in  a  communication 
of  the  16th  of  May,  in  these  words:  "  The  difference  in, 
language  and  the  jealousy  which  exists  between  the 
ancient  and  modem  Louisianians  are  great  barriers  to 
the  introduction  of  that  harmony  and  mutual  confi- 
dence  which  I  so  much  desire 

"There  are,  no  doubt,  several  minor  caiuses  of  discontent 
in  this  quarter  :  but  the  most  fruitful  sources  are  the  in- 
troduction of  the  English  language  in  our  courts  of* 
justice — the  judicial  system  generally — and  particularly 
the  trial  by  jury — and  the  admission  of  attorneys.  The 
pride  as  well  as  the  convenience  of  the  louisianians  are 
opposed  to  any  innovation  on  their  language ;  the  trial 
by  jury  is  by  many  considered  as  odious,  and  the  lawyers 
as  serious  nuisances.  .  .  .  %- .  .  .  .  • .  .  .  .  . 
• » 

"  When  our  disputes  vnth  Spain  are  adjusted,  and  the 
citizens  induced  to  think  that-their  political  destiny  is 
fixed ;  when  the  English  bnguage  is  generally  spoken, 
and  a  knowledge  of  the  principles  of  the  American 
Government  diffused,  then  I  shall  be  disappointed,  if 
the  Louisianians  should  not  be  among  the  most  zealous 
and  virtuous  members  of  our  Kepublic.  But,  at  the 
present  crisis,  and  with  the  present  population,  disturbed 
by  the  intrigues  of  adventurers — ^unprincipled  adven- 
turers from  ever}"-  country — ^it  is  not  in  the  power  of  any 
man  to  put  down  distrust  and  dissatisfaction." 

A  few  days  after,  on  the  26th  of  May,  he  vetoed 
another  bill,  entitled  "  An  Act  declaring  the  laws  which 
continue  to  be  in  force  in  the  Territory  of  Orleans,  and 
the  authors  which  may  be  recurred  to  as  authorities 


mimM 


•1 

.ill  V  f -V    •'■:■• 
*%*H^^ ■'*■•■''  '■''■ 


ff?w>'"i 


F.J  J  '»Ti-y"  't>"',«,.,- 


142 


ANOTHEB   VETO  BY  CLAIBOBNB.       '** 


{1806. 


within  the  same."  He  had  previously  notified  the  De- 
partment of  State  at  Washington  of  the  course  which  he 
had  intended  to  pursue,  saying, "  This  measure  was  prob- 
ah]y  supported  by  some  of  .the  French  law7'ers,  and  has 
become  a  favorite  one  with  the  majority  of  the  two 
Houses.  Its  rejection  will,  therefore,  excite  perhaps  some 
discontent ;"  and  he  denounced  Daniel  Clarke  and  Evran 
JonjBS  as  being  among  the  intriguers  who  were  tht^  most 
active  in  opposing  him.  "The  first,  from  disappoint- 
ment," he  said,  "is  greatly  soured  with' the  General  Ad- 
ministration ;  and  the  latter,  from  piinciple,  is  inimical 
to  the  General  Government.  They  both  cordially  unite 
'  in  doing  ths  Governor  here  all  the  injury  in  their  power."* 
These  two  gentlemen  were  wealthy  and  influential  mem- 
bers of  the  old  population  of  Louisiana,  among  which 
they  had  long  resided ;  therefore  they  easily  proved  to 
be  no  despicable  thoma  in  Claiborne's  political  ribs. 
Claiborne's  veto  of  this  last  bill  produced  almost  a  com- 
motion. Destr^han,  Sauv6  and  Bellechasse,  members  of 
the  Council,  resigned  in  disgust ;  but,  influenced  by  the 
entreaties  of  Claiborne,  Bellechasse  with  ^  rew  his  resig- 
nation. The  Council  itself  had  passed  a  Resolution 
proposing  a  dissolution  of  the  General  Assembly,  and 
assigning  as  one  of  their  reasons  for  advocating  such  a 
measure,  "  that  the  Governor  had  rejectea,  and  continues 
to  reject,  their  best  laws." 

In  a  communication  to  Madison  sent  on  the  same  day 
he  vetoed  the  bill,  Claiborne  used  the  following  language :' 
"  I  consider  the  bill  in  question  as  improper,  and  it  was 
my  duty,  therefore,  to  reject  it.  If,  by  the  ordinance  and 
laws  of  Congress,  the  civil  law  is  recognized,  the  bill  was 
useless.  The  Judges  of  the  Superior  Court  can  deter- 
mine the  authorities  on  which  to  rely.    Their  selection 

•  Executive  Jooriial,  p.  133,  vol.  H.  .  s 


newsp 
N^apoli 
a  form 
Goveri 
nopoT 
and  re 
devisee 
meaeurJ 
county  [ 
Consul* 
15rown,l 
toMadil 
servatic 
nsen  in 
for  his  ii 
but  ass^ 


r.?. 


1806.]  OLAIBOBNE   AND  THE  FRENCH   CONSUL. 


143 


would  likely  be  more  judicious  than  any  which  the  Leg« 
islature  could  make.    I  profess  myself  uninformed  of 
the  merits  of  the  bill,  and  to  know  not  the  consequences 
which  might  flow  from  it.    In  any  event,  I  thought  it 
but  right  to  disapprove  the  measure."    But  was  it  not  a 
very  improper  stretch  of  authority  on  the  .part  of  Clai- 
borne to  reject  a  bill,  v^hen  "  he  professed  himself  un- 
informed of  its  merits,''  and  thus  to  defeat  a  measure 
which  he  stated  to  be  *Sa  great   favorite"  with   the 
representatives  of  the  people  ?     It  is  not  astonishing, 
therefore,  that  he  found  himself  the  object  of  harsh, 
censure,  and  that  l.e  produced  a  great  deal  of  irritation. 
•  Whilst  tije  two  Houses  were  in  a  state  of  violent  ex- 
citement, and  discussing  the  propriety  of  pronouncing 
their  own  dissolution  as  a  political  body,  a  storm  arose 
from  another  quarter.   The  French  Consul  and  the  French 
citizens  were  infuriated  by  an  attack  made  in  one  of  the  ' 
newspapers  of  the  city  on  t^eir    beloved  Emperor,  ^ 
Napoleon  L;  and  the  Consul,  Mr.  Desforgues,  addressed 
a  formal  complaint  to  Claiborne  on  the  subject.    The 
Governor  very  properly  replied,  that  the  Government  had 
no  power  over  the  press ;  that  its  licentiousness  was  seen . 
and  regretted,  but  that  a  remedy  had  not  yet  been 
devised;   that  it  was  not  in  his  power  to  take  c^y 
measure  on  the  occasion  ;   that  the  Judiciary  of  the 
county  could  alone    interfere;    and    that  the  French 
Consul*  should  apply  to.  the  District  Attorney,  Mr. 
Brown,  tor  advice.    "  Mr.  Desforgues,"  wrote*  Claiborne 
to  Madison,  **  was  gi'eatly  irritated,  and,  among  many  ob- 
servations, stated  that  the  French  citizens  would  have 
nsen  in  mass,  and  massacred  the  printer,  had  it  not  been 
for  his  interference.  I  thanked  him  for  his  good  intentions^  > 
but  assured  him  that  there  was  no  necessity  for  his  in- 

*  Execative  J<yamal,  p.  188,  vol.  2. 


\ 


ill 


Br;.'''.?**;;-; 


•ifU, 


**'{f   K'^ ,  ■■•■  y. 


A>u.r, 


•V.  .;.>•_■<;. 


144 


ELECTION   OF   D.    OLABKE  TO   C0NGEE8S. 


[1806. 


terference,  since  the  Government  was  adequate  to  tLe 
preservation  of  order,  and  to  the  protection  of  its  citizens 
from  violence.  I  fear  Mr.  Desforgues  is  a  violent  man, 
and  that  he  is  intriguing  with  the  Louisianians.  His 
movements,  however,  shall  not  escape  my  observation." 

Claiborne  hastened  to  lay  before  the  President  of  the 
United  States  the  resignations  of  Destr^han  and  Sauv6, 
accompanied  with  this  observation :  "  The  services  of  an 
ancient  Louisianian  in  the  Legislature  cannot  with  cer. 
tainty  be  calculated  on.  Few  are  disposed  to  make  any 
sacrifice  of  private  interest  for  the  public  good."  These 
harsh  words,  into  which  Claiborne  was  betrayed,  not- 
withstanding his  gentle  and  kind  nature,  show  fhdSt  ]lo 
had  permitted  himself  to  be  goaded  into  some  decree 
of  resentment.  What  had  contributed  to  increase  his 
vexations  was  the  election  to  Congress,  as  a  Delegate,  of 
Daniel  Clarke,  his  personal  enemy,  which  took  place 
about  that  time.  But,  on  the  28th  of  May,  IDlaiborno 
had  the  satisfaction  to  inform  Madisoa  that  the  House 
of  Kepresentatives  had  rejected  the  resolution  of  the 
Council  to  cease  all  legislation,  and  that  both  Houses 
"were  conducting  business  with  dispatch  and  con- 
cord." * 

This  dispatch  and  concord  did  not  prevent  the  issuing 
of  an  addi'ess  to  the  people  of  the  Territory,  which  was 
signed  by  certain  members  of  the  Legislative  Council 
and  of  the  House  of  Representatives,  and  which 'reflect- 
ed on  the  course  pursued  by  Claiborne  toward  the 
Legislature.  The  Governor  sent  a  copj'  of  it  to  Madi- 
son, saying:  "Thatf  this  publication  will  raise  the 
popular  sentiment  in  favor  of  the  signers  is,  perhaps, 
probable ;  but  I  am  persuaded  its  effects  will  soon  pass 
away.    For  myself,  I  only  regret  the  proceeding  on  ac- 

•  Executive  Journal,  p.  153,  vol.  2. 

f  Executive  Journal,  p.  168,  vol.  2,  8d  June,  1806. 


1« 

0O1 

thi 

<ii« 
Jm 
ofi 
lata 
moi] 
peo| 
ings 

Jo«ej 
^ef 
Gooni 
proda 

was^ 
to  talt< 
on  the; 
given 
son  in 
said  h 
much  ( 
trial  bj 
execsrati 
of  4im 

COUg^s^ 

ion., 
bat  th^i 


Thoi 
agant  inl 


•■'<.;■  I.. 


i\ 


f«00.] 


EMIOBATIOir   FBOK   LOUISIANA. 


145 


ooant  of  the  prooedeni  An  appeal  to  tbe  people  in 
this  way  tends  to  bring  the  constituted  authorities  into 
din«pat9,  and  nay  lead  to  anarchy."  On  the  7th  of 
June,  the  LegislatiiTe  adjoamed.  ^'  The  last  seven  days 
of  the  session^"  said  Claiborne  to  Madison,  "  the  Legis- 
lature triBsacted  much  business,  and  separated  in  har- 
mony. The  most  perfect  good  order  prevails,  and  the 
people  aaem  to  take  but  little  interest  in  the  pri«eed- 
ings  of  their  representaiives."  Several  discontented 
members  of  the  Housa  of  Bepresentatives  had  also  re- 
sigmad  after  ^e  exjampleof  Sanv^  t^  Deetrdhan,  such  as 
Joseph  Landry,  for  the  County  of  Acadia ;  S«  Cfoizet,  for 
i^  ik>un1ak0f  Pointe  Couple ;  Loms  Fonteneau,  for  the 
County  of  (^elousas ;  and  Claiborne  had  to  issue  his 
proclamation  for  new  elections. 

In^pelation  to  the  County  of  Opelousas,  Claiborne 
was  infenaed  that  a  oonsiderable  emigration  was  about 
to  tflli#  place  from  that  county  tothe  Spanish  settlement 
on  the),.Biver  Trin%i*  whei«  gr<'it  enconn^ement  was 
given  to  settlers.  He  gave  notice  of  the  fact  to  Madi- 
sen  in  m^ttrf^  the  ^tii  of  June.  '^I  am  informed,'' 
said  he,i^' that  tbe  «ncient  inhabitants  of  Lomliana  are 
much  dissatisfied  with  our  judicial  system;  that  the 
trial  by  jnvy  is  not  approted  f  and  that  the  lawyers  are 
execrated.  I|  il  not  in  my  power  to  remote  this  cause 
of  ^issatisfiMtioB.  I  neveritdmired  the  system  of  cottiity 
cou#^  <  ThfMifild  phitL  of  eommandants  was^  iff  my  opin- 
ion., best  fsuili^^o  the  presei^  stiiie  of  the  Territory  ; 
but  tkit  Iiegi|faitl7e  Counoil  prefemd  tbe  ktHMdiate  in- 
trodttftion  ci  a  judifli»yion  An«rte«B  pi»iiie^le»— «nd  I 
reluelxiiify  ae^esoed  Im  themeastiw.  . 
The  «oiiidiict  of  the  lawyers  in  the  ktevi^r  eotmties  is  a 
souMi»  ol^great  diseeateM.  Th«^  are  Md  to  be  extrav- 
agant in  their  charges ;  to  encourage  litigation ;  and  to 

•  BhEeetMt«U<Minu3,  p.  Mt,  vol.  t. 

10 


»■'*■■    I'm 


Vy^^-C 


.ry, 


If-  ,.*(  .',.•.    ■   if  ■•:■ 

,..,.-^>i.^..f      '*• 

■  »(►,■,  <,-  ■»     ;  ^    . 


CAUSES  OF  msoawsESFS. 


[1806. 


speculate  on  the  distresses  of  their  clients.  I  fear  there 
is  too  mach  truth  in  this  statement  ....  Among 
the  emigrants  to  this  Territory  there  is  a  descripiaoA  of 
people  which  I  consider  the  greatest  pests  that  can 
afflict  any  honest  society.  They  are  those  avaricious 
speculators  wh6  go  about  with  a  little  ready  cash  to 
seek  whom  they  may  devour.  Some  of  these  hungry 
parasites  have,  I  am  told,  fastened  on  the  labors  of  those 
ancient  Louisianians  who  hafto  emigrated,  and  ate  about 
to  emigrate  to  Trinity.  It  is  pifobable  that  many  per- 
sons will  also  emigrate  to  the  Trinity  ^m  the  counties 
of  Natchitoches  and  Rapides.  They  are  dissatisfied  with 
our  court  system,  iBsar  taxation,  and  are  m«(||^  to  hUi^e 
by  Spanish  partisans  that  their  fortune  will  be  benefited 
by  a  removal." 

^  Another  cause  of  dissatisfaction  was,^  that,  at  th#  sales 
of  property  taken  under  execution,  the  sheriffii^  them- 
selves were  fi^uently  >the  purchasers.  To  pot  an  end 
to  this  evil,  Claiborne'  had  ^nssucjy^  moi^tov^'  ^rculai 
to  these  officers.* 

Under  the  preceding  Govertiment8«?-of  Ffi|noe  ilnd 
Spain,  the  Governor  of  theprovinoe  of  Loaisiaaa,  being 
'the  representative  of  the  King,  was  looked i^n  as  the 
'fountain  of  honor,  the  seat  of  justice,  the  shiald  of .  pro- 
'N^ction  on  ei?  ety  occasion,  and  the  general  and  supreme 
^fedresser  of  all  wrongs.  Hiis  impression  eould  not  be 
easily  effaced  ilTom  the  mind  of  the  popuhition ;  hence 
TOlaibome  w&s  annoyed  by  constant  appeals  to  the 
^  power  which  he  was  supposed  to  possetiu  fit  has  been 
^already  related  that,  in'  the  preceding  yearf  a<  oomedy 
^had  been  acted  on  the  K^  Orleans '  sftage,  w^idh  had 
^*w6unded  the  feelings  df  the  UrsuKne  Kans.  They  had 
^  leoBUplained  to  Claiborne,  and  ^e  o^i^ce  having  bees  re- 

*  Executive  Jettrnal,  p.  186,  rol.  %,  18tli  June,  1806. 


18C 

pei 

to  i 

wa« 

isg 

tive 

Sue] 

negl 

theii 

to  th 

made 

age? 
erall^ 

portiB 
which 
noihy. 

there* 
the  pa 
finishii 
Sister^ 


m^.. 


1806.1 


OLAIBOKirE  AND  THE  LAD7   ABBB88. 


U1 


peated  this  y«»ar,  they  again  bad  turned  to  the  Governor 
to  screen  them  against  the  derision  and  ridicule  which 
was  «imed  at  their  religious  order.  Claiborne's  answer 
is  given  here  as  completing  an  episode,  wbich  is  illustra- 
tive of  the  feelings,  manners,  and  tone  of  the  epoch. 
Such  details,  apparently  trifling,  have^boeu  too  much 
neglected  by  historians,  as  unworthy  of  the  dignity  of 
their  subject  Would  not  a  letter  troi|;^  a  Roman  Consul 
to  the  High  Priestess  of  tke  Vestals  be  interesting,  if  it 
made  u:9  better  acquainted  with  the  social  life  of  that 
age  ?  Battles  and  great  political  (X>nvulslons  are  gen- 
erally tbe  main  features  to  be  found  in  the  ^torical 
portrait  oif^ek  nation,  but  there  are  small  lineaments 
which  shoidd  not  >>e  omitted  to  comj:dete  itsphysiog- 
noiny.  Claiborne's  answer  to  the  Lady  Abbess  must, 
therefer^  be  received  as  one  of  thQse  l^ht  touches  of 
the  painter's  brush  which  he  deelns  necessary  to  the 
finishing  of  his  work.  That  OQgwer  ran  thus :  ^'  Holy 
Sister,^the  |eprese|||atioDB  at  the  thes'^^^  of  which  you 
complain  ajre  to  ibe  sources  of  regret ;  and  I  beg  you  to 
bA  nAsurod  thfii  aU  my  influence  will  a  second  time  be 
used  witb^he  Mayor  of  .this  city  (to  wbom  m^re  prop- 
erly belongs  tbe  duty  of  checking  the  4^]^useo  of  the 
stage)  to  prevent  a  I'ep^tion  of  those  eaceptionable  pieces. 
I  am  sorry  tbftt  these  representations  should  have  given 
aflictiou  to  the  community  over  which  you  preside. 
Th4sy  may  have  arailsed  the  thonghilesi^  but  cannot,  I 
am  stire,  be  'Sppeoved  by  the  reflecting  piui;  of  society. 
The  sacred. pM^cto  of  your  Order,, the  amii^^le  characters 
whi(^  compose  it,  and  the  usefinlness  of  their  temporal 
cares,  rannot  £ul  to  commimd  the  estieem  and  confidence 
of  the  good  and  vktuous.  1  fHray  ypn,  holy  sister,  to 
receive  the  assuraooes  of  my  great  respect  and  sincere 
friendship." 
At  this  time  an  event  took  place  which  is  worthy  of 


Wd 


,1*.,    ^,1 


148 


JUDICIAL   DECISION    ON    ALLSOIANOE. 


[1806. 


iSOi 


mm' 

mtr--"-- 


•» 

V 


notice,  in  consequence  of  a  question  which  arose  in  the 
trial,  and  of  the  decision  thereon  by  the  Superior  Court. 
An  inhabitant  of  the  Territory,  a  Spaniard  by  birth,  wm 
arraigned  on  the  charge  of  murder.*  The  counsel  for  the 
prisoner  demanded,  in  conformity  with  the  principles  of 
common  law,  a  jtiry  composed  in  part  of  his  countrymen. 
It  was  conceded  that  the  prisoner  was  an  inhabitant  of 
Louisiana  at  the.  period  of  the  oeasion  to  the  United 
States,  and  was  still  an  inhabitant  thereof;  but«  inasmuch 
ab  he  had  not  taken  the  oath  of  allegiance  to  the  United 
States,  it  was  contended  that  he  wat,  in  fact,  an  alien, 
and  a  subject  of  the  King  of  Spain.  '*  I  am  happy,  how- 
ever," wrote  Claiborne  to  Madison,  "to  infopi  you  that 
the  demand  was  not  Acceded  to  by  the  court ;  and  al- 
though the  judges  did  not  give  in  detail  tlveir  reasons  for  ' 
rejecting  the  claim^pf  the  prisoner,  yet  it  was  ui^erstood 
to  be  the  opinion  of  the  court,  that  all  persons  who  re- 
sided here  at  the  period  of  the  cession,  and  did  not  with- 
draw from  the  province  with  the  Spanish  or  F^^ch  au- 
thorities, eould  not  otherwise  be  considered  than  as  citi- 
zens of  the  United  States.  I  rejoice  at  the  decision, 
since  it  has  removed  from  my  mind  a  cause  of  scone  in- 
quietude. Certain  American  lawyers  who  are  settled 
here  have  doubted  whether  the  people  could  be  con- 
sidered as  American  citizens,  until  they  had  taken  the 
oath  of  allegiance  to  the  United  States,  or  could  be  con- 
victed of  treason,  should  they  enter  i^e  annies  of  a  power 
at  war  with  the  United  States.  I  always  thought  this 
opinicm  erroneous.  It  seemed  to  me  that  t^e  alle^ance 
of  the  inhabitants  of  the  ceded  Territory  to  Spain  and 
France  having  ceased,  it  must,  of^necessiiy,  attach  to  the 
power  s^  'u.t  pmtected  them.  I  never  considered  the  ad- 
ministration of  the  oath  as  a  necessary  measure.    But, 


*  fizeoatire  Jotonul,  p.  194  v^  3. 


.i}4' 


•i,-n 


smo 
cont 
l)orfc 

%< 
sued 
rebel 
of  L 
trial, 
groun 
tion  y 
On 
ofWa 
NewC 
had  at 
city,"  6 
and  th< 
cationa 
the  chu 
dy,  cal 
Wcwld, 
werous 
I^uisiai 
repairec 
closed 
fired  froi 
teerspar 
will  obsi 
from  thi 
prejudice 
some  loc 
whose  na 
ure,  stifle 
that  the 

*  Gfayan 


1S06.] 


OELEBBATION   OF  THE   FOURTH  OF  JULT. 


149 


since  lawyere  of  some  eminence  professed  to  entertain  a 
contrary  doctrine,  I  am  bappy  to.  find  my  opinion  sup- 
ported by  a  decision  of  the  Sapreme  Court"  It  is  wor- 
thy of  remark,  that  this  decision  supports  the  course  pur* 
sued  by  General  O'Reilly,  in  1769,  toward  those  w^o 
rebelled  'Against  the  Spanish  authorities  alter  the  cession 
of  Louif^iana  by  France,  and  who,  when  put  on  their 
trial,  excepted  to  the  jurisdiction  of  the  court,  on  the 
ground  that  they  were  French  subjects — which  excep- 
tion was  overruled  by  O'Reilly.* 

On  the  6  th  of  July,  Claiborne  intbrmed  the  Secretary 
of  War  that,  on  the  celebration  of  the  4th,  the  citisens  of 
New  Orlean^  had  exhibited  a  degree  of  patriotism  whieh 
had  afforded  him  much  pleasure.  "  All  the  stores  of  the 
city,"  said  he,  "  were  closed  by  order  of  the  City  Gounoil, 
and  the  inhabitants  generally  suspended  their  usual  ayo> 
cations.  High  Mass  was  performed  in  the  forenoon  ai 
the  churches,  and  a  Te  Devrni  sung  at  night ;  a  new  trage- 
dy, called  *  Washington,  or  the  Liberty  of  the  New 
World,'  was  performed,  and  much  applauded  by  a  nu- 
merous audience,  consisting,  for  tis  most  part,  of  ancient 
Louisianians.  The  tragedy  being  finished,  the  company 
repaired  to  the  public  ball-room,  and  the  eyenii^  was 
closed  with  dancing.  As  was  usual,  federal  salutes  were 
fired  from  the  forts,  and  the  Battalion  of  Orleans  Volun- 
teers paraded  on  the  occasion.  From  these  particuhuns  you 
will  observe  that  the  American  feeling  is  net  in  exile 
from  this  Territory.  There  are,  mdeed,  some  ancient 
prejudices  which  it  is  difficult  to  remove,  and  there  axe 
some  local  parties  encouraged  by  a  few  designing  men, 
whose  native  language  is  English — ^whieh,  in  some  meas- 
ure, stifles  the  germ  of  patriotism  ;  but  I  persuade  myself 
that  the  time  is  not  far  distant  when  the  LcadinaB- 


.-' Hi"''*'  ■' 


r 


*  aa7arie'8  Hifltorj)  &i  Loidg&uuu    Fie&oli  DoaniMtiOn,  p.  888,  vol.  2. 


too 


OLAIBOBNS   AND   OENEFAL  HEBREBA. 


[1806. 


rv'ii 


i:^- "^  ■j./f- 


*''5v    .••■■■■    ■ 


ianB  generally  will  he  zealous  Diemben  of  our  Repub- 
lic." 

In  the  beginning  of  July,  Claiborne  departed  from 
New  Orleans,  partly  to  avoid  a  residence  in  the  city  dur- 
ing the  sickly  season,  and  partly  tc.  attend  in  person  to 
the  better  organization  and  disciplining  of  the  militia  in 
the  several  counties  of  the  Territory.  Whilst  in  the 
County  of  Attakapas,  on  the  29th  of  July,  he  learned 
that  the  Spaniards  were  again  making  threatening  de- 
monstrations on  the  Sabine.  This  intelligence  induced 
him  to  journey,  through  the  County  of  Opelousas,  to 
Natchez,  where  he  might  be  better  able  to  provide  for 
any  emergency  of  danger  which  might  arise.  There  he 
was  informed,  on  the  17th  of  August,  that  a  consid- 
erable Spanish  force  had  actually  crossed  the  Sabine,'" 
and  had  advanced  within  a  few  miles  of  Natchitoches, 
to  Bayou  Pierre,  where  they  contemplated  establishing 
a  garrison.  In  consequence  of  this  information,  Clai- 
borne, after  having  had  an  interview  with  Cowlee  Meade, 
Governor  of  the  Mississippi  Territory,  and  obtained  from 
him  a  promise  of  assistance  in  case  of  need,  departed  im- 
mediately for  the  County  of  Rapides,  on  his  way  to 
Natchitoches,  where,  on  the  26th  of  August,  he  addressed 
to  Herrera,  the  commander  of  the  Spanish  force,  a  long 
letter,  in  which  he  complained  of  several  acts  of  hostility 
committed  by  the  Spaniards,  and,  among  others,  of  this 
recent  violation  of  a  Territory  which  he  hoped  to  have 
seen  respected  as  neutral  ground,  at  least  pending  the 
negotiations  between  their  respective  Governments  for 
an  amicable  adjustment  of  the  limits  of  Louisiana  Her- 
rera, as  a  matter  of  course,  demurred  to  this  accusation, 
and  defended,  to  the  best  of  his  argumentative  powers, 
tho  course  which  he,  or  the  other  Spanish  authorities, 


*  EzeentlTe  Joamal,  p.  MB,  Tol.  8. 


■  ^,  ■r<m-:.  m:;',! 


fE, 


1800.] 


OLAIBOBNE   MHH  OENEBAL   BEIIBEBA. 


161 


bad  pursued.  In  the  mean  time,*  Claiborne  wrote  to 
the  Secretary  of  War:  ''I  have  found  the  Americans 
who  are  settled  in  the  frontier  countie^t  devoted  to  the 
country,  and  solicitous  to  be  called  into  service. 

I  am  sorry,  however,  to  add,  that  the  same  de- 
gree of  patriotism  does  not  exist  among  the  French  ;iart 
of  our  society ;  many  of  the  ancient  Louisianians  are  still 
attached  to  the  Spanish  Government,  and  others  are  so 
fiilly  impressed  with  An  opinion  that  the  United  States 
are  unable  to  resist  thfi  mighty  power  of  Spain^  that,  in 
the  evei.t  of  war,  they  would  probably  be  disposed  to 
take  a  neutral  stand,  as  the  safest  course."  ^ 

Whilst  Herre^a  and  Claiborne  were  thus  occupying 
an  almost  hostile  posi  ">n  to  each  other,  the  Spanish 
General  was  attacked  v  ith  a  dangerous  illness.  Clai- 
borne, having  I  <in  apprised  hat  he  was  destitute  of 
medical  attend(  ncf  ^  sent  him  Doctor  Hay  ward,  on  the  2d 
of  September,  with  a  kind  note,  expresdug  his  wishes  for 
the  speedy  recovery  of  his  health,  and  tendering  such 
other  friendly  civilities  as  might  be  in  i^  i  power  of  the 
American  Gove  nor.f  This  act  of  high-toned  courtesy 
on  the  part  of  Claiborne  produced  the  most  favorable 
impression  on  the  proud-spirited  and  sensitive  Spaniards. 
Herrera's  sickness,  however,  suspended  for  awhile  all  ne- 
gotiations, and  matters  stood  still.  In  the  mean  time, 
Claib^j  r.3  was  strengthening  himself,  by  calling  the  mi- 
litia to  che  assistance  of  the  troops  which,  under  Colonel 
Cashing,  were  in  front  of  the  Spaniards.  The  Governor 
hiul  required  one  hundred  men  of  the  County  of  Bapides ; 
two  hundred  and  fifteen  offered  their  services,  and  among 
them  a  number  of  the  ancient  Louisianians—*^  a  circum- 
stance,'' said  Claiborne, ''  which  affords  me  singular  sat- 
isfaction."    Claiborne  wished  to  take  the  offensive  against 

»  Exeoative  JoanuJ.  p.  240.    Diapatoh  of  ihe  2Sth  of  AuguBt,  1806. 
f  EzeleatiTe  JonrMl,  p.  208,  voL  8. 


■•  •;.  J 
"•' .  i\ 

v..  '<" 

'i  A- :'' 

"a;  . 

■m 


mi 

Mi 


^h}i 


Iff*  i'' '■'.'«' ■■• 


1,--1  ..'-■■  ill,"    '■■- 


«■«■■ 


In.   J  I     . .  •:  '.  ■•-.  •«■! 


■>  V 


152 


OLAIBOBNE^S  MILITABY  HEASUBES.  :^,         [1806. 


the  Spaniards,  but  Colonel  OuBhing  objected,  on  tihe 
ground  tbat  this  would  be  contrary  to  the  instructions 
which  had  been  left  with  him  by  General  Wilkinson, 
who  was  then  absent.  Claiborne  was  somewhat  nettled 
at  this  inactivity  of  the  regular  troops,  and  thus  wrote 
to  Cowles  Meade,  the  Secretary  and  acting  Governor  of 
the  Mississippi  Territory:  "Perhaprj  the  inactivity  of 
our  trocps  in  this  quarter  may  not  have  been  improper 
— ^perhaps  our  dispute  with  Spain  may  at  this  time  be 
amicably  and  honorably  adjusted,  and  if  so,  we  shall  all 
rejoice  that  blood  was  not  shed ;  but  my  present  impres<- 
sion  is,  that '  all  is  not  right.^  I  know  not  whom  to  cen- 
sure, but  it  seems  to  me  that  there  is  wrong  some- 
where."* Seeing  that  there  was  not  any  probability  of 
active  operations,  and  thinkirg  that  his  presence  was 
unnecessary,  as  the  Spaniai'ds,  instead  of  advancing,  had 
fallen  back  to  a  place  where  they  seemed  disposed  to 
remain  quiet,  Claiborne  departed  for  the  Ceunty  of 
ilapide8,to  urge  in  person  the  organization  of  those  rein- 
forcements and  the  sending  of  those  supplies  which 
Ck>lonel  Cushing  might  ultimately  want.  There,  having 
heard  of  the  arrival  of  General  Wilkinson  at  Natchez, 
he  determined  to  remain,  in  the  expectation  of  seeing  him 
on  his  way  to  Natchitoches.  Whilst  sojourning  at  the 
spot  where  he  was  awaiting  Wilkinson,  he  oorrecteid  the 
false  impression  which  he  had  given  the  Secretary  of 
War  in  relation  to  the  French  part  of  the  population  of 
Natchitoches.f  "  On  my  arrival  at  Natehitocheg,"  he 
said,  ^*  I  was  led  to  believe  that  thjb  French  inhabitants 
vere  very  generally  disi^eotecl ;  but  my  present  impres- 
sion is  very  different  I  do  now  believe  that,  if  an  op- 
portunity offal's,  many  of  them  will  evince  their  fideUt|: 
to  the  Government." 

*  Execntive  Joarnal,  p.  269,  vol.  8.  Diapvtdi  of  the  9th  of  September, 
t  Executive  JoonuJ,  p.  278,  vol.  %   nkQif|^.Qf  the  ISth  of  S^tember. 


ISO 

1 
pla 

ateJ 

nun 

ritoj 

borr 

mow 

will 

deed 

amu: 

porti 

tacli  ^ 

depar 

ganizc 

unwii; 

fiirnisj 

exaspt 

gion,  a 

borne 

subje 

"The 

the  ca. 

that  th 

native 

oontini 

and  kii 

for  the 

crisis,  i 

been 

the  moi 

pressed 

an  easyi 

neutral 


c 


IL'.  ■»(»    .  ■      • 


1806.] 


ABBIYAL  OF  WILKINSON.  .^. 


153 


Wilkinson  arrived  on  the  19tli  of  September,  at  the 
place  where  Claiborne  was  expecting  him,  and  immedi- 
ately addressed  the  Governor  in  writing,  to  ascertain  the 
number  of  militia  who  could  be  relied  on  from  the  Ter- 
ritory, in  case  of  a  conflict  with  the  Spaniards.    Clai- 
borne replied  that  he  could  not  promise  the  support  of 
more  than  foiu*  hundred  men,  officers  included.*    "  Yoa . 
will  recollect,"  said  he,  "the  extent  of  this  frontier,  and,  in- 
deed, the  vulnerable  position  of  the  whole  Territory.    I 
am  unwilling,  therefore,  to  draw  to  any  one  point  a  large 
portion  of  my  militia,  lest,  by  doing  so,  I  should  invite  at-  ^ 
tack  in  some  other  quarter."    On  the  22d,  Claiborne 
departed  for  the  County  of  Opelousas,  in  order  to  or- . 
ganize  and  stimulate  its  militia.    There  he  found  an 
unwillingness  on  the  part  of  the  ancient  population  to 
famish  volunteers  as  he  desired.    This  feeling  greatly' 
exasperated  those  Americans  who  had  settkd  in  that  re-| 
gion,  and  the  excitement  beoime  so  intense  that  Clai- 
borne thought  proper  to  address  Judge  Collins  on  this 
subject  in  a  written  coomiunication,  in  which  he  said : 
''  The  reluctance  of  the  ancient  Louisianians  to  rally  at 
the  call  of  their  country  is  seen  and  regretted,  but  I  pray  % 
that  this  conduct  may  t.o^  occasion  reproach  from  the 
native  Americans,  but,  ou  the  contrary,  that  they  mayf 
continue  to  extend  toward  them  every  act  of  civility; 
and  kindness.    I  am  disused  to  make  great  allowances 
for  the  unwilHogness  of  the  Loiii^anians  to  enter,  at  this 
crisis,  into  the  service  of  the  United  States.    They  have 
been  educated  in  a  belief  that  the  ^anish  monarchy  was 
the  most  poV^^l  on  earth ;  and  many  of  them  are  im- 
pressed with  an  opinion  that  the  Unit^  States  will  fall 
an  easy  prey  to  the  ^wnisfa  arms.    Hence  arises  their 
neutral  stand,  as  the  surest  means  of  safety  to  their  per 


*  Sxeotttiye  Joonal,  p.  S88,  vol.  9^,: 


'-'::'if- 


mm 


a..ljj,^j-, 


**i 


i  ji-.'VifJ  .; 


154 


FATHER   ANTOINE  SUSPECTED.* 


[1806. 


sons  and  property.  There  are  other  excuses  which  may 
be  made  for  the  recent  conduct  of  some  of  the  Louisian- 
ians,  but  it  is  unnecessary  to  recite  them,  i  I  am  per- 
suaded of  your  disposition  to  cultivate  harmony,  and  I 
am  sure  that  by  your  example  and  precept  you  will  dis- 
courage any  proceedings  which  might  lead  to  disunion, 
or  what  I  should  consider  the  greatest  calamity  that 
could  befall  the  Territory."* 

?  Claiborne  returned  to  New  Orleans  on  the  evening  of 
the  6th  of  October,  and  on  the  8th  he  informed  the  Sec- 
retary of  War  that  the  number  of  militia  from  the  fron- 
tier counties,  who  had  marched  for  Natchitoches,  exceed- 
ed five  hundred  men,  and  that  a  detachment  of  one 
himdred  regulars,  having  in  charge  such  military  stores 
as  could  be  obtained,  and  might  be  required  by  General 
Wilkinson,  would  set  out  in  a  few  days.  "  But,  "  added 
he,  "  there  is  in  this  city  a  degree  of  apathy,  at  the  pres- 
ent moment,  which  mortifies  and  astonishes  me;  and 
some  of  the  native  Americans  act  and  discourse  as  if 

perfect  security  everywhere  prevailed 

I  fear  the  ancient  Louisianians  of  New  Orleans  are  not 
disposed  to  support  with  firmness  the  American  cause ; 
I  do  not  believe  they  would  fight  against  us ;  but  my 
present  impression  is,  that  they  are  not  inclined  to  rally 
under  the  American  standard.  We  have  a  Spanish 
priest  here  who  is  a  very  dangerous  man ;  he  rebelled 
against  the  Superiors  of  his  own  church,  and  would  even 
rebel,  I  am  persuaded,  against  this  Government,  when- 
ever a  fit  occasion  may  serve.  This  man  was  once  sent 
away  by  the  Spanish  authorities  for  seditious  practices, 
and  I  am  inclined  to  think  that  I  should  be  justifiable, 
should  I  do  so  likewise.  This  seditious  priest  is  a  Father 
Antoine;  he  is  a  great  favorite  of  the  Louisiana  ladies; 

*  Executive  Journal,  diepatoh  of  the  34th  of  September,  p.  206,  vol.  2. 


quencel 
over  hi 
he  hi 

•Execu 
fExecu 


# 


i9- 


'.f 


tif: 


1806.] 


FATHER    ANTOINE   8WEABS   ALLEGIANCE. 


155 


has  married  many  of  them,  and  christened  all  their  chil- 
dren }  he  is  by  some  citizens  esteemed  an  accomplished 
hypocrite,  has  great  influence  with  the  people' of  color, 
and,  report  says,  embraces  every  oppoi-txmity  to  render 
them  discontented  under  the  American  Government."* 

Claiborne,  in  consequence  of  these  apprehensions,  re- 
quested the  Catholic  priest  to  attend  at  the  Government 
House,  and  in  the  presence  of  the  Mayor  of  the  city,  and 
of  Colonel  Bellechasse,  of  the  Legislative  Council,  men- 
tioned to  him  the  reports  which  were  afloat  concerning 
his  conduct.  The  priest  listened  to  them  vrith  much 
humility  and  solemnly  affirmed  his  innocence,  avow- 
ing his  determination  to  support  the  Government  and 
to  promote  good  order.  "I,  nevertheless,  thought  it 
proper,''  wrote  Claiborne, "  to  administer  to  him  the  oath 
of  allegiance,  and  shall  cause  his  conduct  to  be  carefdlly 
observed."  He  then  added,  with  his  usual  good-nature, 
as  if  it  were  to  mitigate  the  effect  of  his  harsh  suspicions : 
"  The  priest  declared  the  reports  to  have  originated  in 
the  msdice  of  his  enemies.  The  division  in  the  Catholic 
Church  has  excited  many  malignant  passions,  and  it  is 
not  improbable  that  some  injustice  has  been  done  to  this 
individual"  f 

Whilst  the  Spaniards  were  so  troublesome  on  the  fron- 1 
tiers  of  Texas,  they  were  remarkably  quiet  at  Baton 
Bouge,  Mobile  and  Pensacola.  Was  it  a  preconcerted  plan, 
uid  was  it  their  intention  to  draw  all  the  American  forces 
far  to  the  West  ?  Even  at  Mobile  favorable  concessions 
to  American  trade  had  been  made.  The  intractable 
Governor  Folch  was  no  longer  in  the  way.  In  conse- 
quence of  a  triumph  whidi  his  rival  Morales  had  obtained 
over  him  in  an  appeal  to  the  Captain-General  of  Cuba, 
he  had  given  up,  tor  the  present,  the  Government  of 


*  Executive  Journal,  p.  805,  vol.  2.    Claiborne  to  Secretary  of  War,  Oct.  8. 
f  Executive  Journal,  p.  810,  vol.  2.  [ 


<:^'¥ 


'W:'^  ■■'■■•■ 


>f 


Pi 

mm 
mm 

«r>MfV.,'}->;'*-' :  ■ » I. 


■r-Jifr- 


II' 


.,  '■■,■■"*■ 

s,, 


i 


't 


^v:v^ 


156 


Claiborne's  oonflicting  opinions. 


[i8oa. 


Pensacola,  and  it  had  devolved  upon  Colonel  Howard, 
nn  Irish  gentleman  of  talei'  ^,  who  had  long  been  in  the 
service  of  Spain,  and  who  showed  himself  much  morei^ 
conciliating  than  Folch,  in  relation  to  the  navigation  of* 
the  Mobile  Kiver  by  the  Americans.  !> 

Claiborne's  correspondence  with  the  General  Govern- 
ment shows  how  changeful  were  his  impressions,  and  con*^ 
sequently  how  wavering  he  was  in  the  eicpression  of  his 
opinions.    This  was  due  to  his  proneness  to  listiin  to^t 
rumors  and  accusations.    He  seemed  constantly  to  forget 
that  thei'e  was  a  very  strong  and  very  natural  jealousy, 
between  the  ancient  Louisianians  and  the  i\ew-comer8,  who 
were  anxious  tc  get  the  ascendancy  in  a  territory  whick 
they  considered  their  exclusive  property  by  purchase, 
and  where  they  were  impatient  to  implant  their  laws 
and  habits,  with  all  their  ideas  and  views  in  ethics,  rem 
ligion  and  politics.    That  class  of  men  looked  with  ex^/ 
treme  displeasure  in  many  cases,  and,  in  other%with« 
considerable  resentment,  at  the  resistance  offered  by  Hh&^f 
old  population,  who,  on  their  side,  considered  the  native  ? 
Americans  as  unprincipled   intruders,  coming  to  de-ii 
prive  them  of  their  language,  their  religion,  their  lands, 
their  time-honored  legislation,  theii*  manners  and  cus- 
toms— in  fact,  everything  they  held  dear  and  sacred. 
Hence  accusations  and  recriminations  on  both  sideiti),  par< 
ticularly  from  many  active,  restless,  and  not  overscrupu<««, 
lous  Americans,  who  flocked  to  this  new  field  of  enterprisesps 
which  had  opened  to  tkem,  and  where  they  hopeJ  t-^  secure 
wealth  and  political  power.    Claiborne  was  consthiitly 
permitting  Idmself  to  share  in  suspicions  that  drew  from ' 
him  assertions,  or  opinions,  which  he  was  afterward  obli- 
ged to  retract.  Thus,  in  relation  to  the  organization  of  the 
Attakapas  militia,  which  soon  held  itself  in  readiness 
to  march,  at  a  moment's  warning,  to  the  seat  of  the  ex- 
pected conflict,  he  wrote  to  the  Secretary  of  War  on  the 


be  d 

comp 

New  I 

Secrel 

patrio 

At  a] 

ments 

and  pi 

vices 

particJ 

patrioj 

this  a] 

with 

of  Ws 

that 

But 
Ix>ujsi{ 
ioccui 
fastest 
militia  I 
even  ii 


1806.] 


CLAIBORNE'S   CONPMOTmG   OPINIONS. 


157 


liiith  of  October:  *'I  had  feared  that  some  difficulty 
would  be  experienced  in  executing  ray  orders,  but  1  am 
agreeably  disappointed.  The  citizens  discovered  a  great 
share  of  patriotism,  and  avowed  their  determination  to 
defend  with  their  lives  their  country.  WI  itever  -ta,3 
be  the  local  discontent  of  the  Louisianians,  I  begin  now 
to  think  that  they  vsnll  generally  rally  at  the  call  of 
Government.  When  I  first  went  to  Natchitoches,  I  did 
distrust  the  fidelity  of  the  Louisianians  in  that  quarter ; 
and,  indeed,  every  American  residing  there,  with  whom  I 
conversed,  agreed  in  opinion  that  the  French  part  of  the 
society  was  generally  disaffected,  but  I  trust  we  shall  all 
be  disappointed.^'  Again,  on  another  occasion,  he  had 
complained  cv  the  apathy  and  want  of  patriotism  in 
New  Orleans,  an( ,  on  the  17th  of  October,*  he  said  to  the 
Secretary  of  War:  "I  hasten  to  announce  to  you  the 
patriotism  of  the  citizens  of  New  Orleans  and  its  vicinity. 
At  a  muster,  this  morning,  of  the  1st,  2d  and  4th  Eegi- 
ments  of  militia,  every  officer,  non-commissioned  officer 
and  private  present,  made  a  voluntary  tender  of  their  ser- 
vices for  the  defence  of  the  Territor}'^  generally,  and  more 
particularly  for  the  defence  of  the  city.  This  display  of 
patriotism  affords  me  much  satisfaction,  and  has  rendered 
this  among  the  happiest  of  my  Ufe."  He  aim  called, 
with  much  comm^idation,  the  attention  of  the  Secretary 
of  War  to  the  patriotic  address  made  to  the  militia  on 
that  occasion  by  Colonels  BeUechasse  and  Maceixty. 

But,  on  the  7th  of  November,  Claibome^s  faith  in  the 
iLouisianians  had  again  been  shaken.  A  re)ap8e  had 
^occurred,  and  the  chronic  old  fever  of  suspicion  had 
fastened  upon  his  mind  with  renovated  vigor.  The 
.militia  had  not  turned  out  as  he  had  expected.  He  was 
even  in  bad  humor  with  the  native  Americans.    As  i^- 

*  BxeeatiTe  Joomal,  p.  814,  Tol.  S. 


.■«!' 


0i'      f 


L    .-111  '■'>.■'•  JI'V "it'' 

■''V«ir  ••■■•:■,•• 

'  •■iji  I "?  ~      *         '■' 


si's  St    .    --i'    ■f^'.i.i'V 

^frP'*  J  .■;;^%' 
''.'^•'^^^^^..^  ^*;.'V^■ 
.,■  ■!*■.■*..    ■,  i;;(; 


'y*"*'.  ■; 


If- #-•"•-■■''  ^ 

!".'    <■•■;'  ■»••'  if.  1-f  ,'•        ■. 


-,.« ,=', 


IB  '»     »  ii'*   ^      ■■■'.,•' 


158 


claibobne'8  coNFLiornro  opikiojts. 


[1806. 


peared  by  information  received  from  General  Wilkinson, 
the  CoiyK)rdia  Militia  liad  failed  to  repair  to  their  poet. 
"I  kn<:lw  not,"  snys  ( 'iaiboiiie,  •'  iiotr  to  account  for  the 
delinquency.  C'  inc(  >i  iia  if-  sett  kd  exclusively  by  Amer- 
icans."* .As  to  rlicse  'Oiitant  (j;ects  of  distrust  and 
jealoiiiy — the  Louisianians— he  adds  :  "You  will  observe 
that  t})e  General  places  but  little  cor  ftdence  in  the  French 
who  are  settled  at  Natchitoches ;  jwrhaps  I  nay  be  too 
sanguine  iii  my  expectalioisK ;  bnt  I  continue  to  think 
that  those  ()f  the  Lotiiaia^iiaiis  who  are  not  for  us,  will 
not  be  against  as.  I  do  ^..lieve  they  will  be  inclined  to 
take  a  neutral  stand,*' 

As  to  the  city  militia,  he  remarked  that  their  late 
conduct  in  tetidering  their  military  services  had  perhaps 
made  on  his  mind  a  more  favorable  impression  than  it 
deserved.  "  i  iind,"  said  he,  "  that  their  enthusiasm  has 
in  a  great  measure  passed  away,  and  the  society  here  is 
now  generally  engaged  in  what  seems  to  be  a  primary 
object — the  acquisition  of  wealth.  Indeed,  the  love  of 
money  seems  to  be  the  predominant  passior, ;  and  that 
virtue  called  patriotism  finds  but  few  votaries.  I  never- 
theless continue  of  the  opinion  that  a  great  majority  of 
the  Louisianians,  I  mean  the  natives  of  the  countr}', 
would  resist  any  invader.  But  I  have  not  equal  confi- 
dence in  all  the  foreigners  who  are  settled  in  this  Ter- 
ritory. On  the  contrary,  from  a  part  of  these  we  have 
everything  to  fear.  A  few  days  since,  we  had  news  of 
peace  in  Europe,  and  immediately  some  of  the  French- 
men among  us  began  to  speak  of  the  probability  of 
Bonaparte's  again  taking  possession  of  Louisiana,  and 
of  the  facility  with  which  it  might  be  accomplished.  .  .  . 
At  present,  the  Louisianians  do  not  appear  to  be  un- 
friendly to  the  Governm<?(nt ;  but  I  have,  on  other  occa- 

*  ExecntiTe  Joonul,  p.  8S9,  vol.  2. 


1806 

sion 
coul 

o 

state 

wrol 

the  c 

but 

vails, 

eflScie 

of^ 

ganizi 

buttl 

it  her 

the  m 

and  w 

ard,  n 

myopi 

the  sax 

for  the 

and  th< 

whose 

Louis 

faithfu 

edge  o 

IS  more 

i^ith 

tmprin 

quarter) 

infine 

.  On 

rived 

Spaniai 

the  Un 


a 


nc 


II 


1806.] 


OLAIBOBIOS^S   DESPONDENCfT. 


159 


8ioii8,  witnessed  the  facility  with  which  designing  men 
could  lead  them  astray." 

On  the  15th  of  November,  Claiborne  was  Si  in  a 
state  of  despondency.  "  Everything  is  trjiquil,**  he 
wrote  to  "Wilkinson  from  Niw  Orleans;  "ihe  body  ot 
the  citizens  lately  discovered  some  share  of  patriotism  ; 
but  the  accustomed  apathj-^  of  the  country  again  pre- 
vails, and  I  begin  to  despair  of  malyng  the  militia  an 
eflQcient  force."  On  the  25th,  he  said  to  the  Secretar}'^ 
of  War :  "  You  are  apprised  *  of  the  difficulty  of  or- 
ganizing and  disciplining  the  militia  of  any  country ; 
but  the  peculiar  situation  of  this  Territory  has  rendered 

it  here  an  Herculean  task How  far 

the  militia  generally  are  attached  to  the  United  States, 
and  would,  in  the  hour  of  peril,  rally  around  our  stand- 
ard, must  be  left  to  time  and  events  to  prove.  But 
my  opinion  as  to  the  native  Louisianians  has  always  been 
the  same  ;  a  majority  are  well  disposed,  and  were  it  not 
for  the  calumnies  of  some  Frenchmen  who  are  among  us, 
and  the  intrigues  of  a  tt;w  ambitious,  unprincipled  men, 
whose  native  language  is  English,  I  do  believe  that  the 
Lomsianians  would  be  ver}'  soon  the  iliost  zealous  and 
faithful  members  of  our  Bepublic.  But  until  a  knowl- 
edge of  the  American  Government,  laws,  and  character, 
is  more  generally  diflfused  among  the  people,  you  cannot 
with  certainty  count  upon  their  fidelity.  Ambitious, 
unprincipled  men  have  acquired  confidence  in  this 
quarter,  and  will,  I  fear,  for  some  time,  maintain  their 
influence." 

,  On  the  2Sth  of  November,  General  Wilkinson  ar- 
rived in  New  Orleans,  after  having  made  with  the 
Spaniards  on  the  Sabine  arrangements  which  secured 
the  United  States  against  hostilities  in  that  quarter. 

*  Bzwative  Joanud,  p.  840,  vol.  9.  ' 


'■)¥     'I 


m 


,:    'J    <'         ;•:»,/•  ■•'.,.1/- 1  ;•»''■».'<■''<,•, 


160 


WILKINSON  DENOUNCES  BUBB. 


[1806. 


M 


M-^ 


i 


»# 

if.-rfii.;'.f-,.:4, 

i'An  ,,  A-j., «  ■■   > 


'*■♦-  ...  - 


*^ 


.'•fr 


II- 


But  before  tliis  event  occurred,  and  whilst  he  was  con- 
fronting the  Spaniards,  apparently  with  many  chances 
of  a  speedy  cellision,  Samuel  Swaiiiwout,  an  emissary 
of  Burr,  had  arrived  at  the  General's  camp  on  the  8th 
of  October,  and  had  delivered  to  him  a  confidential 
letter — such  a  letter  as  conspirators  only  send  to  accom- 
plices.* Wilkinson  received  Swartwout  with  great 
favor,  and  detained  him  until  the  18th,  when  that 
emissary  departed  for  New  Orleans.  On  the  21st 
of  October,  Wilkinson  determined  to  denounce  Burr. 
Forthwith  he  dispatched  a  messenger,  who  arrived  in 
Washington  on  the  25th  of  November,  and  delivered  to 
the  President  the  dispatches  with  which  he  had  been 
intrusted.  On  the  27th,  Jefferson  issued  his  famous 
proclamation,  which  made  known  to  the  country  the 
traitorous  enterprise  afoot,  and  nipped  it  in  the  bud.f 
What  were  Wilkinson's  reflections,  or  what  were  his 
secret  acts  and  dealings  between  the  8th  and  the  21st 
of  October,  which  was  the  time  he  ostensibly  took  to  de- 
liberate on  the  course  he  had  to  pursue,  it  is  impossible 
to  ascertain.  But  it  is  well  known  that,  after  the  send- 
ing of  his  denunciatory  dispatch  to  the  President  on  the 
21st,  he,  on  the  29th,  sent  a  written  message  to  the 
Spanish  Commander-in-Chief,  in  which  he  proposed  that, 
without  yielding  any  pretension,  ceding  a  right,  or  in- 
terfering with  discussions  which  belonged  to  their  supe- 
riors, the  state  of  things  eidsting  at  the  delivwy  of  the 
province' to  the  United  States  should  be  restored,  by 
the  withdrawal  of  the  troops  of  both  Governments  from 
the  advanced  posts  they  occupied  to  those  of  Nacog- 
doches and  Natchitoches  reijpectively.  J  The  Spaniards, 
who  had  been  thus  far  so  intractable,  suddenly  became 

»  Purton'B  life  of  Aaron  Bunr,  p.  426,  vol.  2. 

t  Parton'8  Life  of  Aaron  Burr,  p.  482. 

i  Martin's  History  of  Louisiana,  p.  271.  vol.  3. 


# 


1806.] 


161 


].«.«ied  down  toxTw^ii^       '"^  ^'^^"«»'  k«d 
Tie  time  had  oome  fc,  ni   i. 

«i-en  Wm  by  i^  i^^*^  i«d  ever  be.^ 

w«.  seriously  men^^TZt^*^  ^^'^"  "'^eSt-t- 
break  ont  k  New  ^wl?*?^^"  '°«ld  P«.b.Wy 
by  the  notorious  Vic^Sw  'jTl "  *^"  l"^  '•««*>d 
were  «,g,g«d. .    ^  e™3^^V   "?"  *"'  *bo'M«d, 

g««  from  tki.  TenWm!?^'^' *'*8"*»  to  Con- 

1«^  and  thrt,  had  be  c^TL^  u"'^  -""'^  not 
on  then-  minds  tbe  enJ^'  7  ""^  "»?««»  wb' 
tbe  Atlantic  an«  wSSKL'  rT**""  '^^«" 
^  Mr-  J.  W.  aurleTLvrr  J^-/'"'"^  Watldns 

'Uponftntherinqui^.  ffiif"**  "  *»>•«  words- 

"»]«t«oc«ry,irtonwitbDrwt^^.  •    "    •    • 
tt«*  «noe  tiw  el«tion  o<*  Mr  Cl™*^.''*'  "^™"  »« 

««»er  sentiments  thTi^t^  ««'«»«.«r.«l  fe 
?<»»  *o  tl»  impute  of  W^  ""''  *™*  *"  •««*«». 
deHberate *rtfe^    h^^l^T^f'^^^ 


li?^t'^'^ ' 


h:zKii,v^^'' 


^^;  > 


■»  V; 


!-'wi. '•:•''■  ^.^^: 

■I,-.  ■-  ;  t  ■•.■"^.  •'  -rijK  ; 


1M 


OOMHOnON   IN   N£W   ORLEANS. 


[1806. 


lionoi-  aud  welfare  of  the  country,"  he  mfoi*med  Madison 
^^  that  lie  hud  no  donbt  that  a  conspiracy  was  formed 
higlily  injurious  to  the  interest  of  the  United  States,  and 
that  characters  of  high  standing  were  concerned  in  it, 
although  he  was  not  yet  advised  of  the  particulars." 
Meanwhile,  the  City  of  New  Orleans  had  been  suddenly 
thrown  into  the  wildest  state  of  excitement  and  pertur- 
bation. The  cry  was,  that  Burr  was  coming  down  with 
a  large  force  to  take  possession  of  it,  with  a  variety  of 
designs  attributed  to  him,  which  were  multiplied  or 
magnified  by  fear,  and  which  became  of  a  more  alarming 
character,  as  they  were  conveyed  from  lip  to  lip,  after 
having  passed  through  heated  imaginations  which  added 
more  vivid  colors  to  the  original  tale  of  invasion.  Clai- 
borne requested  Captam  Shaw,  of  the  United  States 
Navy,  to  have  all  the  force  under  his  command  ready  for 
immediate  service  *  to  meet  the  threatening  danger. 
That  force  consisted  of  two  bomb-ketches  and  four  gun- 
boats. Wilkinson  went  to  work  in  great  haste  to  repair 
the  old  fortifications,  and  even  '^  contemplated  picketing 
in  the  city."  f  On  the  6th  of  December,  Claiborne 
wrote  to  Madison :  "  If  General  Wilkinson  is  not  greatly 
deceived,  the  safety  of  the  Territory  is  seriously  menaced. 
^ii,<  .  .  .  .  From  the  firmness  and  the  bravery  of 
ihe  array  and  navy  on  this  station  maeh  may  be  expect- 
ed; but  as  regards  the  support  which  the  militia  may 
render,  I  cannot  hazard  an  opinion.  .  .  .  .  I  have 
hod  80  many  proofii  of  the  ii«fluenoe  of  unprincipled 
men,  and  the  ]»«valence  of  wicked  pqiUtieal  prin- 
eiples,  that  I  know  jult  in  what  poison  of  tfa^  o^ililittto 
confide.  General  Wilkinson  teUs  me  thai;  W  ImmI  here- 
tofore received  hints  of  a  Mexino  ezpedilioBi  apd  from 
the  characters  who,  it  seems,  tm  the  leadets  of  iju^pres- 

*  Executive  Journal,  p.  <49»  Tol.  8. 

t  EMOHtiTc  JomrQal,  Disratch  4th  Dec*.  1809k  p.  Wi,  vol.  2. 


15 

en 
ve 

eoi 
Cla 
8en( 

froE 

offlc 
the 
Gov 
"vei 
mess* 
jects 
as  th 
the  61 
that  ] 
Then 
presses 
"The 
and  n 
States 
must  I 
fabric  ( 
of  our 

"Un 
measuii 
our  civ 
the  stro 

«Ha^ 

tie  gj 

can  re^, 
t-'onsiderl 


v*."'  . 


^V;": 


A'  f 


re 
id 


1900.] 


CLAIBORNE   AND    MARTIAL   LAW. 


16«A 


cnt  plot,  but  had  attached  no  coneoqnenoe  to  their  oon- 1 
versations,  under  an  impression  that,  unless  sanctionodi 
by  the  Government,  no  men  of  reputation  and  talents ' 
could  seriously  contemplate  an  o>)jeet  of  the  kind.**  > 
01aibome*s  embarrassments  were  increased  by  the  ab>  * 
sence  of  instructions,  or  even  of  information  of  any  kin<it^ 
irom  lue  General  Government,  for  he  had  received  no't 
official  communication  from  Washington  since  July.  On  ^ 
the  6th  of  December  he  sent  a  messenger  to  the  General' 
Government  with  dispatches,  which  he  declared  to  be  of 
''very  great  importance,''  and  he  recommended  to  the 
messenger  that  **  he  should  mention  to  no  one  the  ol> 
jeots  of  his  journey,  or  the  place  of  his  destination, 
as  this  reserve  might  be  essential  to  hift  safety.'**    O* 
the  6th,  Claiborne  ^as  startled  by  Wilkinson's  demand  • 
that  he,  the  Governor,   should  proclaim  martial  law/-' 
The  reasons  which  Wilkinson  assigned  for  it  were  ex- ■ 
pressed  in  his  usually  ildrid,  and  characteristic  style^A 
"  The  dangers,"  said  he,  **  which  impend  over  this  cfity^i 
and  menace  the  laws  And  Government  of  the  Unitedi* 
States  fh>m  an  unauthorised  and  formidable  aasodation^ 
must  be  successfully  opposed  at  lliis  pointy  or  the  fiur* 
fabric  of  our  independence,  pnrobased  by -tie  best  blood 
of  our  country,  M^ill  be  prostrated,  and  t^e  Goddess  of> 
Lil>erty  Will  take  ber  flight  from  this  globe  forever.'*     >  a 

*' Under  circumstances  so  imperio«%  ^xtraoidinary 
measu^s  must  b<^)  resorted  to,  and  the  ordinary  f<n«iia  <^> 
our  civil  im^titutions  must,  for  a  short  period,  yield  tc{ 
the  strong  arm  of  military  law.  *h 

^  Having  exposed  to  you,  without  reserve,  the  anthenti 
tic  g^oimds  on  whic^h  I  found  my  apprehemnotifl^  you^' 
can  readily  comprehend  the  high,  soiegift  and  iiiiport«ttt 
considerations  by  which  I  am  moved,  when  I  moat  eaw 

«  OnfciMHe  JovMMl,  p.  liV«  ^ali  S.' 


m 


•ri- 


!*«;••  *■,!';•  'i-A 


'.,<-v 


"1  ■<,»».*•«.<•.«.  v5-' 


*>!^ 


m 


.  ,1.- .' i-.t!,;.' ♦';  .»Yf, 
I.  ■■'..'■J}  ■  '    .K^'.^U-'-vi-" 

II 


"■■■^>-^,: 


•1 


164 


WILKIN;  O^    AND  MABTIAL  LAW. 


[1800. 


neatly  entreat  you  to  proclaim  martial  law  over  this  city, 
its  porta  and  precincts.  For  unleso  I  am  authorized  to 
repress  the  seditious  and  arrest  the  disaffected,  and  to 
call  the  resources  of  the  place  into  active  operation,  the 
defects  of  my  force  may  expose  me  to  be  overwhelmed 
by  numbers ;  and  the  cause  and  the  place  will  be  lost 
The  idea  you  offered  me  this  morning  of  calling  forth 
the  militia  and  taking  a  position  for  the  protection  of 
your  territor}'  above  is  utterly  inadmissible,  because  you 
could  not  for  a  moment  withstand  the  desperation  and 
superiority  of  numbers  opposed  to  you,  and  the  brigands, 
provoked  by  the  opposition,  might  resort  to  the  dread- 
ful expedient  of  exciting  a  revolt  of  the  negroes.  If  we 
divide  our  force,  we  shall  be  beaten  in  detail  We  m^ist 
therefore  condense  it  here,  and,  in  concert  with  our  water* 
craft,  rest  our  main  defence  at  this  poini'' 

Whilst  waiting  for  Claiborne's  answer,  Wilkinson, 
among  his  other  military  preparations,  made 'arrange- 
ments with  the  French  Consul  to  receive  possession  of 
the  French  artillery  remaming  in  the  Territory,  as  soon 
as  its  value  should  be  estimatedi  and  informed  Claiborne 
that  he  had  received  snch  intelligence  as  induced  him  to 
believe  that  Burr  would  be  at  Natohei  on  the  20th  of 
December,  with  two  thousand  men.  On  the  7th,  Wil- 
kinson renewed  his  application  to  Claiborne  for  the  pro- 
claiming of  martial  law,  saying :  '*  I  believe  I  have  been 
betrayed,  and  therefore  shall  abandon  the  i^ea  of  tem- 
porizing or  concealmeDt,  the  moment  after  I  haive  secured 
two  persons  now  in  this  dty.  Our  measures  mint  be 
taken  with  promptitude  and  dedsion,  regardless  of  other 
consequences  or  considerations  than  the  public  safety^  for 
I  apprehend  Burr,  with  his  rebellious  bands,  may  soon 
be  at  hand.^* 

m 


1806 

A 

nnd 

p08e( 

reftis 

on  th 

a  mei 

woulc 

alone 

wa8n( 

dared 

privile 

arreeit  ( 

thegui 

tion, ''c 

necessit 

^ewOj 

the  Gov 

as  Presij 

apprised 

existing 

asked  to 

which 

mously 

ofthesh 
as  the  b 
borne  ac 
ommenda 
^thout  t 
^^opart  ft> 

thousand! 
supply  wi 
should  en 
the  meroh 


1*^    I     V       ..         ' 


1808.] 


CLAIB0RI7E  AND  THE  XMBAI^. 


10ft 


Although  ''  having  entire  confidence  in  the  firmnesg 
and  patriotism  of  General  Wilkinson,  and  although  dis- 
posed most  cordially  to  co-operate  with  him,"  Claiborne 
refhsed  acceding  to  his  request  to  proclaim  martial  law, 
on  the  ground  that,  preparatory  to  the  adoption  of  such 
a  measure,  the  suspension  of  the  Writ  of  Habeas  Corpus 
would  be  necessary,  and  that  this  high  prerogative  could 
alone  be  exercised  by  the  Territorial  Legislature,  which 
was  not  then  in  session.  But,  at  the  same  time,  he  de- 
clared that,  if  the  danger  should  augment,  and  if  the 
privilege  of  the  Habeas  Corpus  should,  by  impeding  the 
arreeft  of  .the  suspected,  be  found  to  favor  the  escape  of 
the  guilty,  it  was  probable  that  he  should,  by  proclama- 
tion, ^  direct  its  suspension,  and  plead  in  justification  the 
necessity  of  the  case."  On  the  9th,  the  members  of  the 
New  Orleans  Chamber  of  Commerce  met,  on  request,  at 
the  Government  House,  Paul  Lanusse  being  in  the  chair 
as  President,  and  Bichard  Keif  as  Secretary.  They  were 
apprised  by  Wilkinson  and  Claiborne  of  the  just  causes 
existing  for  the  apprehension  of  danger,  and  they  were 
asked  to  fiimish  sailors  to  man  the  small  American  fleet 
which  was  on  the  statioii.  Whereupon  it  was  unani- 
mously agreed  that  a  general  and  immediate  Embargo 
of  the  shipping  in  port  be  reootnmended  to  the  Governor, 
as  the  best  means  of  obtaining  the  desired  effect.  Clai- 
borne acted  without  delay  in  conformity  with  this  rec- 
ommendation, and  orders  were  issued  that  no  vessel, 
without  the  permission  of  Claiborne,  or  Wilkinion,  should 
depart  from  New  Orleans.  At  the  same  time,  several 
thousand  dollars  were  subscribed  by  the  merchants  to 
supply  with  clothes  and  other  necessaries  the  sailors  who 
should  enter  the  service  of  the  United  States.*  When 
the  merchants  were  thus  showing  so  much  patriotism  at 

•  Bxecattve  Joamal,  pp.  870, 871,  voL  8. 


H  V-*'      I  El 


m 


''u^- 


raM« 


•■'Jlii     t^ 


■•■J     ■  -,v  ' f*'-,'* ■'!■♦?■> ''^'^'itiMS 


166 


PBOPOSED   IMPBESSHEin:   OF  SAILORS. 


[1806. 


f#'-Ar  ■•■■•: 


■  i;'>  .V; 


the  coBt  of  so  great  a  sacrifice  of  private  interest,  they 
learned  with  extreme  surprise  that  Wilkinson  insisted  on 
enlisting  their  sailors  for  six  months,  which  would  have 
completely  paralyzed  all  commercial  operations  for  t^t 
length  of  time.  Why  an  enlistment  for  six  months  ? 
Why  an  embargo  for  six  months  i  What  necessity  could 
there  be  for  it  3  The  danger,  if  it  eixisted,  Qould  only  be 
momentary ;  a  coup  de  main  was  aD  that  coulfi  be  appre- 
hended; and  therefore  no  reasons  could  be  discovered 
by  the  merchants  in  justification  of  Wilkimspn's  extraor- 
dinary pretensions,  which  would  have  subjected  them 
to  immense  losses,  if  not  to  utter  ruin.  Claiborne  was 
of  their  opinion,  and  expostulated  with  Wilkinson,  "I 
learn,"  he  wrote  to  the  General,  "  that  the  term  ^ser- 
vice is  the  greatest  obstacle.  Xt  is  proposed  to  enlist  the 
sailors  for  six  months ;  this  length  of  time  is  objected  to. 
Do  you  not  think  that  two  months,  unless  sooner  dis- 
charged, would  answer  our  objects  ?  I  am  aprry  you 
should  think  me  wanting  in  decision,"  continued  he,  "  to 
assist  Captain  Shaw  in  obtaining  men.  I  have  author- 
ized an  embargo — ^an  act  of  authority  which  can  alone 
be  exercised  legally  by  the  General  Government,  and 
this  act  of  mine,  I  fear,  the  Collector  will  not  long  sub- 
mit to,  lest,  by  withholding  clearances,  he  may  subject 
himself  to  personal  actions."* 

.  But  Wilkinson  was  not  a  man  to  care  much  for  Clai- 
l>ome's  scruples.  Sailors  having  refused  to  enlist  |br 
six  months,  he  called  in  person  on  Claiborne  'to  request 
*fltti  impressment" — from  which  high-handed  measure 
Claiborne  shrunk.  "I submit  it  to  your  cool  reflection," 
be  said  to  Wilkinson,  "  whether  ai  this  time  I  could  be 
justifiable  in  compelling  men  by  force  to  enter  the  ser- 
vice.    Many  good-disposed  citizens  do  not  appear  to 

J  ^^,^  *^  Executive  Joumal,  p.  878.   ,  ,  .    ^. 


w 


I80i 
thil 

(pel 

pre] 

Wil 

he  ] 

quea 

w".t 

ion," 

short 

I  be; 

wide] 

well-^ 

be  so 

until 

States 

and,  f( 

be  shi] 

the  at 

the  O 

ernmer 

**It 
knowle 
the  ten 
apparei 
Kentac 
tremity 
but  wh 
mentarj 
insfcituti 
from  tol 
to  inflic 
and  tha 
they  sh 
gave  th 
very  lib 


.'    .vv- 


ler- 

Ito 


1806.] 


<i  WILKINSON   AND   AARON   BUBB. 


4  .» 


167 


think  the  danger  considerable,  and  there  are  others  who 
(perhaps  from  wicked  intentions)  endeavor  to  turn  our 
preparations  into  ridicule."  On  the  15th  of  December, 
Wilkinson  sent  to  Claiborne  a  communication,  in  which 
he  attempted  to  meet  his  objections  and  answer  his 
questions,  particularly  as  to  the  length  of  time  for 
w  -wh  the  seamen  should  be  engaged.  "It  is  my  opin- 
ion," he  said,  "that  the  men  should  be  engaged  for  the 
shortest  period  consistent  with  the  public  safety ;  but,  as 
I  believe  Mr.  Burr's  conspiracy  is  more  profoimd  and 
widely  spread  than  his  numerous  agents,  friends  and 
well-wishers  here  wiU  admit,  I  think  the  contract  should 
be  so  qualified  as  to  insure  the  service  of  the  seamen 
until  his  machinations  art^  destroyed  in  the  Western 
States,  or  Ms  attempt  has  been  defeated  in  this  quarter ; 
arid,  for  this  purpose,  I  would  propose  that  they  should 
be  shipped  without  any  speciflcation  of  service — to  resist 
the  attack  of  Aaron  Burr  arid  his  lawless  banditti  from 
the  Ohio  River  against  the  Territory,  the  laws  and  gov- 
ernment of  the  United  States.  .... 
*^  ♦**  It  is  my  cool  and  deliberate  judgment,  from  my 
knowledge  of  Burr's  character  and  desperation,  and  from 
the  tenor  of  the  information  you  have  received,  and  the 
apparent  toleration  and  support  which  he  receives  in 
Kentucky  and  Tennessee,  that  we  have  reached  an  ex- 
tremity in  our  public  afRetirs,  which  will  not  only  justify, 
but  which  imperiously  demands,  the  partial  and  mo- 
mentary dispensation  of  the  ordinary  course  of  our  civil 
institutions,  to  preserve  the  sanctuary  of  public  liberty 
from  total  dilapidation.  I  believe  it  to  be  wise  and  just 
to  inflict  temporary  privations  for  permanent  security, 
and  that  justice  being  previously  done  to  the  seamen, 
they  should  be  compelled  to  serve  the  country  which 
gave  them  birth  and  gives  them  protection,  on  the 
very  liberal  terms  which  are  proffered  to  them.     Give 


'•v\.  •  " 

m  :; 

m  ^^ 

if;*©  -w 


►   ■'■A.'!-/*--':"-    ■ 


B 


\^ti" 


■'.'  f>J*■ 
^•.  .7' 


168 


CLAIBORNE   AND   WILKINSON  DISAGREE. 


[1806. 


me  leave,  and  in  three  hours  our  vessels  shall  be 
manned. 

"  Having  put  my  life  and  character  in  opposition  to 
the  flagitious  enterprise  of  one  of  the  ablest  men  of  our 
country,  supported  by  a  crowd  of  coequals,  ceremony 
would  be  unseasonable  and  punctilio  unprofitable.  I 
therefore  speak  from  my  heart  when  I  declare,  that  I 
verily  believe  you  are  sincerely  desirous  to  cO-operate 
with  me  in  all  my  measures,  but  pardon  the  honest 
candor  which  circumstances  require  and  my  situation 
demands,  when  I  observe  that,  with  the  most  upright 
"nd  honest  intention,  you  suffer  yourself  to  be  unduly 
biased  by  the  solicitations  of  the  timid,  the  capricious, 
or  the  wicked,  who  approach  you  and  harass  you  with 
their  criticisms  on  subjects  which  they  do  not  understand, 
and  with  their  opposition  to  mewsures  which  they  do  not 
comprehend,  or  which,  understanding,  they  are  desirous 
to  pravent,  or  to  defeat.  What  will  our  alertness  im- 
port, without  force  and  energy  to  support  it  ?  And  can 
we  be  prepared  without  means  ?  Shall  our  reverence  for 
our  civil  institutions  produce  their  annihilation,  or  shall  we 
lose  the  house  because  we  will  not  break  the  windows  ?" 
But,  notwithstanding  Wilkinson's  pressing  solicitations, 
Claiborne  still  continued  to  refuse  to  order  the  impress- 
ment of  the  sailors,  the  suspension  of  the  writ  of  Habeas 
Corpus,  the  declaration  of  martial  law,  and  the  arrest 
of  suspected  persons.  He  said  that  he  knew  of  no  pre- 
cedent for  it  in  any  State  of  the  Union,  or  in  any  of  its 
Territoiies,  and  added,  "  the  Judiciary  of  the  Territory, 
having  exclusive  cognizance  of  offences,  is  the  only 
tribunal  to  which  I  can  refer  you,,  nor  can  any  acts  of 
mine  arrest,  or  suspend  their  powers." 

Whilst  Claiborne  and  Wilkinson  were  thus  on  terms 
of  friendly  disagreement  as  to  these  measures,  the  former 
received  from  the  Acting  Governor,  Cowles  Meade,  of 


■I'y 


1806 


Hiss 

and 

patri 

pron 

Leon 

perat 

coura 

will  ( 

stop  I 

the  t 

with  1 

eral  wi 

the  wi] 

Consid 

may  sa 

Wilk 

not  dri^ 

measur 

him,  an 

in  his 

imagine 

dispatch 

witli  a  h 

force  on 

navaJ  ai 
for,  and 
interfere] 
consider 
as  affecti 
two  natic 
pre?8ion 
J'efra"n  frc 

■'  Kx.  Jour., 


1806.] 


0OWLE»   MEADE   OS    BUBB. 


169 


<;i 


Mississippi,  a  letter  in  which  ke  said,  "  We  waift  arms 
and  ammui^on  ;  we  have  men,  and  those  men  are 
patriots.  But,  sir,  we  are  badly  provided.  I  can  only 
promise  to  make  the  stand  and  fight  the  battle  of 
Leonidas.  Burr  may  come — and  he  is  no  doubt  des- 
perate— ^but  treason  is  seldom  associated  with  generous 
courage,  or  real  bravery.  Should  he  pass  us,  your  fate 
will  depend  on  the  General,  not  on  the  Colonel.  If  I 
stop  Burr,  this  may  hold  the  General  in  his  allegiance  to 
the  United  States.  But  if  Burr  passes  this  Territory 
with  two  thousand  men,  I  have  no  doubt  but  the  Gen- 
eral vnll  be  your  worst  enemy.  Be  on  your  guard  against 
the  wily  General.  He  is  not  much  better  than  Catiline. 
Consider  him  a  traitor,  and  act  as  if  certain  thereof.  You 
may  save  yourself  by  it."  * 

•h  Wilkinson,  having  acquired  the  conviction  that  he  could 
not  drive  Claiborne  into  joining  him  in  those  arbitrary 
measures  which  he  meditated,  determined  to  act  without 
him,  and  assumed  responsibilities  which  were  justified, 
in  his  opinion,  by  the  imminence  of  the  danger  which  he 
imagined  to  exist.  On  the  7th  of  December,  he  had 
(lispatche(  ^  ieutenant  Swann,  of  the  army,  to  Jamaica, 
wit!  i  a  letter  to  the  officer  commanding  the  British  naval 
force  on  tliat  station,  informing  him  of  Burr's  plans,  and 
of  th»^  circulation  of  a  report  that  the  aid  of  a  British 
naval  arn:i«}nent  had  been  either  promised,  or  applied 
for,  and  warBing  him  and  all  British  officers  that  their 
interference,  or  any  co-operation  on  their  part,  would  be 
considered  as  higiily  injurious  to  the  United  States,  and 
as  affecting  the  prei-tsiit  amicable  relations  between  the 
two  nations,  Thecf  rimunication  concluded  with  the  ex- 
prepsion  of  a  hope  that  the  British  Government  would 
refra'nfrom  any  interfv-^r^nce  or  co-operation,  and  prevent 

■  Ex.  Jour.,  p.  83  J,  vol.  2.    Cowles  Meade  Ui  Clidborne,  34tb  Deromber,  1806. 


...-  ^ 


m  .IT" 


',■•■■> 

>    ::^,  •'Via 


•■-■  ,  .   .  .''.i^'i.:.!-'.'- -r-  -•   • 


ilk:.-: 


!••■  \»'  l^■■. 


mMmm 


.•'"'••  •• 


;S;'H*v 


iro 


*    ARBBST   OP  OITIZENr.  1 


[1808. 


any  individual  from  aftbrding  aid  to  the  eorspiratora. 
This  communication  seemed  to  take  the  British  officers 
by  surprise.  xVdmiral  Drake  stiffly  observed  in  reply 
f^hat,  from  the  style  and  manner  in  which  the  communi- 
cation had  been  made,  he  hardJy  knew  how  to  answer 
it,  but  declared  that  he  availed  himself  of  this  oppor- 
tunity to  assure  Wilkinson  that  British  ships  of  war 
would  never  be  employed  in  any  improper  service.* 
«*s  On  Sunday,  the  14th  of  December,  Dr.  Erick  Bollman, 
a  German,  who  had  acquired  some  celebrity  for  his 
attempt  to  liberate  Lafayette  from  his  prison  of  Olmutz, 
had  been  arrested  by  order  of  Wilkinson  and  coniined 
in  some  unknown  place.  On  the  evening  of  the  follow- 
ing day,  a  writ  of  Habeas  Corpus  was  sued  for  on  his 
»  behalf  before  Sprigg,  one  of  the  Judges  of  *.he  Superior 
Court.  Sprigg  declined  acting  until  he  '^ould  consult 
his  colleague,  Mathews.  But  Mathe^vs  was  nowhere 
to  be  ^'^und.  On  the  16th,  however,  the  writ  was  ob- 
ta*  ed ;  but  Bollman  had,  in  the  mean  time,  been  put  on 
b  jard  of  a  vessel  and  sent  down  the  river.  On  the  same 
orj^  "ipplication  was  made  to  Workman,  the  Judge  of 
.he  County  of  Orleans,  for  a  writ  of  Habeas  Corpus  in 
favor  of  t\»^o  men,  Ogden  and  Swartwout,  who  had  been 
arrested,  a  few  days  before,  by  order  of  Wilkinson,  at 
Fort  Adams,  and  who  had  arrived  at  New  Orleans  on 
board  of  a  bomb-ketch  of  the  United  States,  where  they 
were  detained.  Workman  gi^anted  the  writ  without 
hesitation,  and  called  on  Claiborne  for  support.  But 
the  Governor  refused  to  intertere.f 
^  *Crhe  alarm,  and  even  the  terror  which  prevailed  in  the 
city,  where  everybody  feared  for  his  own  personal  safety, 
was  such,  that  no  boat  could  be  procured  to  take  the 
officer  of  the  Court  on  boai'd  of  the  ketch,  which  was 

*  Martin's  History  of  LouiBiana,  pp.  385  and  377,  vol.  3. 
.'•,<  1        f  Martin's  History  of  Lovdeianp,,  p.  880,  vol.  3. 


I8C 

lyii 

da^ 
oil 

the 
The 
his  : 
hano 
Wili 


n 
18th, 
arrest 

againf 
''he,, 
standi, 

This  n 
at  the  1 

in  the  i 
Hare 

arrestee 

ander. 

man  iss 

Instead 
niefc)t«ig( 

such  as 

two  trai 

upon,  L 

a  iurthe 

cause  w 

Judge 

tion  to 

the  Cou 

son.    JB 


1806.] 


J        SWABTWOUT   AND    OGDEN. 


171 


lying  in  the  middle  of  the  river.  It  was  only  on  the  next 
day  tbat^  lor  the  tempting  consif'eration  of  a  lai'ge  sum 
of  money,,  for  the  j)ayment  of  which  the  Judge  pledged 
the  responsibility  of  the  county,  a  boat  was  obtained. 
The  writ  being  at  last  served.  Captain  Bhaw  stated,  in 
his  return  to  it,  that  Swartwout  was  no  longer  in  his 
hands,  but  produced  Ogden,  who  was  liberated.  As  to 
Wilkinson,  on  whom  a  writ  of  Habeas  Corpxis  had  also 
been  served  in  relation  to  Bollman,  be  replied,  on  the 
18th,  ^liat  he  took  on  himself  all  responsibility  for  the 
arrest  of  Bollman,  charged  with  misprision  of  treason 
against  the  Government  of  the  United  States,  and  tbat 
'*  he  would  act  with  the  same  energy,  without  regard  to 
standing  or  statiatt,  against  all  individuals  who  might  be 
vliocovered  as  participants  in  Burr's  lawless  combination;"  * 
This  return  was  afterward  amended  by  an  averment  that, 
at  the  time  of  the  service  of  the  writ,  Bolknan  was  not 
in  the  power  or  possession  of  Wilkinson.* 
>,  Hardly  had  Ogden  been  liberated  when  he  was  again 
arrested,  together  with  another  individual  named  Alex- 
ander. On  the  application  of  Livingston,  Judge  Work- 
man issued  writs  of  Habeas  Corpus  for  both  prisoners. 
Instead  of  a  return  in  du€  tbrm,  Wilkinson  sent  a  written 
mebtj'^ge  to  Workman,  begging  him  to  accept  his  return, 
such  us  it  was,  to  the  Superior  Court,  as  applicable  "  to  the 
two  traitors  who  were  the  subjects  of  the  writs."  Where- 
upon, Livingston  obtained  a  rule  on  Wilkinson  to  make 
a  further  and  more  expiioit  return  to  the  writs,  or  show 
cause  why  an  attachment  should;  not  issue  against  him.f 
Judge  Workman,  before  acting,  made  a  second  applica- 
tion to  Claiborne,  to  ascertain  whether  he  would  assist 
the  Court  in  the  execution  of  its  decree  a_  anst  Wilkin- 
son.    But  that  appeal  was  ineffectual,  although  backed 

*'  Martin's  Hiatorj'  of  Louisiana,  p.  280,  vol.  3. 
t  Mortln'a  Hietory  of  LooisiBDr  p.  28t,  vol.  3. 


.:}.i 


:  i't 


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Hi 


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f5 


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.  ^r  ,       ■:•..••  .f/'-iVi  :■■■  ■■■■  ■■  >:  I'U 
'•■i-  -       ..."  -^  {■':'■  ■■■■  VM'-*I 

'-■■  ■:  '-0''  ^^:'^^:::m^ 


'^■;'^yi-^ 


h^^^r:  •  ^;V'' 


■■■.ki*■•^^■■^■'l-■.■'■• 
f'.  V'  .i."  -.'  ■  .•'* 


*  fc'J.   •■;  ->    '.■,  -■■ 


:   ■■  I.  •  .V'..i       ,    .    "    •■ 


^fi 


172 


CLAIBORNE  AlO)  JXTD6E  WOBKMAIT. 


[1806. 


: . 


by  Judge  Hall  and  Judge  Mathews.  On  the  26thJ 
Wilkinson  having  refused  to  modify  his  former  return, 
Livingston  moved  for  an  attachment  against  him.  Before 
granting  it,  Judge  Workman  applied  for  the  third  time 
to  Claiborne,  addressing  him  in  writing,  and  officially — 
in  which  communication  he  observed  that  a  common 
case  would  not  require  the  step  he  was  taking  in  his 
judicial  capacity,  but  that,  on  this  extraordinary  occa' 
sion,  he  deemed  it  his  duty,  before  any  order  from  his 
tribunal  was  attempted  to  be  enforced  against  a  man 
who  had  ail  the  regular  forces  of  the  United  Statpa  at 
his  command,  and,  in  pursuance  of  the  promulgated  will 
of  the  Governor,  a  great  part  of  the  armed  force  of  the 
Territory,  to  ask  whether  the  Executive  had  the  ability 
to  enforce  the  decree  of  thel  Court,  and,  if  he  had,  whe- 
ther ha  would  deem  it  expedient  to  do  so.  •'  Not  only 
the  conduct  and  power  of  Wilkinson,"  said  the  Judge, 
"  but  various  other  circumstances,  peculiar  to  our  present 
situation,  the  alarm  excited  in  the  public  mind,  the  de- 
scription and  Ciiaracter  of  a  large  part  of  the  population 
of  the  country,  might  render  it  dangerous,  in  the  highest 
degree,  to  adopt  the  method,  usual  in  ordinary  cases,  of 
calling  to  the  aid  of  the  Sheriff  the  posse  comitatua, 
unless  it  were  done  with  the  assurance  of  being  support- 
ed by  the  Governor  in  an  efficient  manner."  Thus 
pressed,  the  Governor  wrote  a  note  to  Wilkinson,  advis- 
ing him  to  yield  to  the  ci\al  authorities.  But  the  Qen- 
er.  1  peremptorily  refused  ;  and  Claiborne  declining  to 
employ  force  against  him.  Workman  resigi^ad,*  on  the 
ground  that  the  Court  and  its  officers  should  no  longer 
remain  exposed  to  the  contempt  or  insults  of  a  man 
whom  they  were  unabJe  to  punish  or  resist.  This  was 
acknowledging  the  fact  that  Wilkinson  was  supreme 


*  Martin's  History  of  LooiBiana,  p.  284,  vol.  2. 


r;-i  ^.s«^ 


1806.] 


THE  EMBABOO   REPEALED. 


173 


dictator,  and  that  henceforth  his  will  was  to  be  the  law. 
In  consequence,  the  general  alarm  was  daily  becoming 
more  intense  in  the  city,  when,  on  the  Slst  of  December, 
Claiborne  recalled,  greatly  to  the  (satisfaction  of  the 
merchants,  the  order  which  he  had  granted  on  the  9th, 
at  the  request  of  WilkinsoQi  to  prevent  the  departure 
of  vessels  fi'om  New  Orleans. 

In  the  mean  time,  on  the  2d  of  this  month  (December) 
the  President  had  sent  his  annual  message  to  Oo-igress, 
in  which,  speaking  of  the  inhabitants  of  the  Territories 
of  Mississippi  and  Orleans,  he  said,  "  I  inform  you  vnth 
great  pleasure  of  the  promptitude  with  which  the  in- 
habitants of  those  Territories  have  tendered  their  ser- 
\nces  in  defence  of  their  country.  Ilj  has  done  honor  to 
themselves,  entitled  them  to  the  confidence  of  their  fel- 
low-citizens in  every  part  of  the  Union,  and  must 
strengthen  the  general  determination  to  protect  them 
efficaciously  under  all  circumstances  which  may  occur." 


iX     '^iT'i 


■:/:,«» 


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^k<-:vu 


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CHAPTER  IV. 

OOYERNOR  CLAIBOBNB's  ADinNISTEATIOy — DOINGS  OF  AARON  BURR 

AND  WILKINSON. 


1807—1808. 


"yjn 


.<■*■ 


<-->y;. 


Much  to  the  satisfaction  of  the  people  of  New  Orleans 
in  these  exciting  times,  the  Legislature  met  in  that  city 
on  the  12th  of  January.  Two  days  after,  General  Adair 
arrived  from  Tennessee,  passing  through  the  Choctaw 
Territory,  and  was  the  first  to  herald  his  own  arrival, 
which  took  everybody  by  surprise.  He  reported  that 
Colonel  Burr,  attended  by  a  servant  only,  wouM  be  in 
New  Orleans  in  three  days.*  Whatever  were  the  inten- 
tions of  Adair,  he  Jiad  not  much  time  left  him  to  execute 
them.  In  the  afternoon  of  his  arrival,  whilst  he  was 
resting  from  his  journey,  the  hotel  where  he  had  stopped 
was  surrounded  by  one  hundred  and  twenty  men  of  the 
United  States  troops,  commanded  by  Lieutenant-Colonel 
Kingsbury,  accompanied  by  one  of  Wilkinson's  aids. 
General  Adair  was  dragged  from  the  dining-table,  and 
conducted  to  headquarters,  where  he  was  put  in  confine- 
ment, to  be  shipped  as  soon  as  the  opportunity  should 
present  itself  f  Strong  patrols  paraded  through  the 
streets,  and  several  other  persons  were  arrested,  among 
whom  were  Workman,  Kerr  and  Bradford.  The  com- 
motion produced  in  the  city  may  easily  be  imagined. 

•  rtalbome's  communication  to  Bevoral  membenn  of  Congress,  p.  8,  Exoca- 
tiw  Journal, '  ol.  3. 
\  Martin's  Uistory,  p.  234,  vol.  %, 
,174) 


180^ 
Wil 

witl 

man 

pus  I 

On  1 

ciallj 

here 

judge 

sons  1 

not  oj 

again, 

who  a 

such  a 

self,  I 

positio 
his  zeaj 
"My 
iiave,  ii 
now  fet 
iave  b€ 
are  strc 
this  cit^ 
be  UDju! 
prudeno 
there  is 
(from  w 
expected 
now  una 
On  th( 
'^ilkinsc 
to  him  1 
New  Orl 
proclamai 


180Y.] 


ARREST   OF    WORKMAN    AIO)   KERR. 


175 


<<.■ 


V- 


Wilkinaon,  however,  ordered  Bradford  to  be  released 
without  further  delay,  and,  on  the  following  day.  Work- 
man and  KeiT  were  discharged  on  a  writ  of  Habeas  Cor- 
pus granted  by  the  District  Court  of  the  United  States. 
On  the  16th,  Claiborne  communicated  these  facts  offi- 
cially to  the  Legislature,  and  said :  "  The  state  of  things 
here  for  some  time  past  has  been  most  unpleasant ;  the 
judges  are  greatly^  dissatisfied,  and  there  ai'e  many  per- 
sons who  much  censure  the  General,  and  also  myself  for 
not  opposing  his  measures  with  force.  There  are  others 
again,  perhaps  a  majority  of  the  inhabitants  of  the  city, 
who  applauded  the  measures  pursued,  and  think  them 
such  as  could  alone  insure  the  general  safety.  For  my- 
self, I  believe  the  General  is  actuated  by  a  sincere  dis- 
position to  serve  the  b«8t  interest  of  his  country ;  but 
his  zeal,  I  lear,  has  carried  him  too  far.  . 
•  "My  apprehensions  of  Mr.  Burr  and  his  associates 
have,  in  a  great  measure,  subsided;  but  the  security  I 
now  feel  may  be  attributed  to  the  preparations  which 
have  been  made  here  to  meet  danger.  My  impressions 
are  strong  that  there  are  many  dissatisfied  persons  in 
this  city.  There  are  a  few  citizens  whom  I  believe  to 
be  unjustly  implicated — others  to  whom  a  charge  of  im- 
prudence alone  ought,  probably  in  truth,  to  attach ;  but 
there  is  good  reason  to  suppose  that  some  persons  here 
(from  whose  standing  in  society  a  contrary  course  was 
expected)  meditated  much  mischief.  They,  however,  are 
now  unable  to  produce  any." 

'  On  the  19th  of  tFanuary,  the  Governor  sent  to  General 
Wilkinson  a  long  communication,  in  which  he  submitted 
to  him  his  plans  to  secure  the  complete  protection  of 
New  Orleans.*  "  From  the  influence  (tf  the  President's 
proclamation,^'  he  said,  "  and  of  the  present  friendly  dw- 

*  BxecutiTo  Joiuraal,  p.  6,  vol.  8. 


■#    '1 


■.<.:■ 


" .       'ft.  .j'f  fJ-'v;.  ■;.  >'fi-'i.*^!l 


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176 


SUSPICIOUS   MOVEMINTS   OF   FOLOH. 


[1807. 


position  toward  the  General  Government  of  tlie  people 
of  Kentucky  and  Ohio,  as  manifested  by  some  late  pro- 
ceedings of  their  Legislatures,  united  with  the  prepara- 
tions  for  oftence  and  defence  in  this  city,  my  impressions 
are  that  Colonel  Burr  will  not  descend  the  Mississippi  in 
considerable  force.        .        .        .        .        .It  seems 

to  me  that  Colonel  Burr,  abandoning  (from  necessity)  the 
idea  of  moving  in  force,  may  endeavor  to  introduce  into 
this  city  and  its  vicinity  (unobserved  and  as  private  ad- 
venturers) a  number  of  partisans  for  the  puipose  of  car- 
rying the  place  by  surprise.  In  this  event,  the  regula- 
tions herein  proposed  must  prove  salutary."        .        , 

•  •••••••••• 

It  is  a  remarkable  fact  that,  at  this  critical  conjuncture, 
Governor  Folch,  who  had  always  been  so  inimical  to  the 
Americans,  happened  to  arrive  from  Fensacola  at  the 
mouth  of  Bayou  St.  John,  with  foui*  hundred  men,  osten- 
sibly on  his  way  to  3a>totf  Bouge,  and  wrote  "to  Clai- 
borne to  obtain  permission  to  proceed  to  New  Orleans 
with  the  officers  of  his  suite,  and  hence  to  continne  his 
route  to  his  place  of  destination.  Claiborne  replied :. 
"  I  am  sorrj''  to  oppose  any  obstacle  to  your  Excellency's 
desires,  but  in  the  present  state  of  affairs  in  this  Territo- 
ry, and  to  avoid  all  causes  for  rumors  which,  although 
unfounded,  may  add  to  that  agitation  in  the  public 
mind  which  has  been  occasioned  by  the  news,  this  mo- 
ment received,  of  the  arrival  of  Burr  and  his  associates 
in  the  Mississippi  Territory',  I  am  constrained  to  request 
that  your  Excellency  would  continue  your  voyage  by 
water."f 

On  the  same  day,  Claiborne  and  Wilkinson  wrote 
jointly  to  the  acting  Governor  of  the  Territory  of  Missis- 
sippi, Oowles  Meade,  in  these  terms:  "  Ilnderstending 

*  Ezecutiye  Journal,  p.  10,  voL  8. 


1807 

that 
over 
citud 
he  ffi 

frOTTi 

cessfi 


a 


A^ithl 
numei 
may  n 
take  ti 
a  stric 
proceec 
On  1 
their  r 
had  op 
to  belie 
free  thj 
must  b( 
howeve; 
men  wl 
found  p 
that  it 
Territor 
which  ti 
themseh 
^  apprt 
If  they 
the  Am< 
the  right! 
late  priv/ 
cumstanc 


\ 


1807.] 


CLAIBORNE  TO   COWLE.^   MEADE. 


177 


that  Aaron  Burr  has  taken  post  within  the  Territory 
over  which  you  preside,  we  cannot  b«t  express  our  soli- 
citude, lest  his  pretensions  to  innocence,  and  the  arts  which 
he  may  employ  to  delude  wnd  seduce  our  felknO'Citfizens 
from  their  duty  to  their  country,  may  hn  partially  suc- 
cessful. We  rely  with  confidence  on  » «}ff.v»  exertions  to 
the  arch-conspirator,  and  havii»r  dox^^y}  ho,  permit  ns 
'oat  for  your  consideration  tht  axptidiency  of  plac- 
ir  without  delay  on  board  one  of  our  armed  ves- 

iii  lie  river,  with  an  order  to  the  oficers  to  descend 
^\  ith  him  to  this  city.  Otherwise,  if  his  followers  are  as 
numerous  as  they  are  represented  to  be,  it  is  probable  it 
may  not  be  in  your  power  to  bring  him  to  trial.  We 
take  this  occasion  to  advise  you  confidentially  to  keep 
a  strict  eye  upon  the  Spaniards.  Governor  Folcb  is 
proceeding  to  Baton  Rouge  with  four  hundred  men." 

On  the  2  2d  of  January,  the  Legislative  Council,  in 
their  response  to  the  message  by  which  the  Governor 
had  opened  their  session,  said :  '^  It  is  indeed  difficult 
to  believe  that,  in  the  bosom  of  a  Government  the  most 
free  that  exists  on  earth,  plots,  the  success  of  which 
must  be  fatal  to  liberty,  shotild  have  been  formed.  If, 
however,  it  be  true  that  the  ambitious  and  depraved 
men  who  have  conceived  sudi  criminal  projects  have 
found  proselytes,  the  Legislative  Council  are  convinced 
that  it  is  not  amongst  the  ancient  inhabitants  of  this 
Territory,  and  that,  notwithstanding  the  dissatisfaction 
which  they  once  nlaniiested  openly  when  they  thought 
themselves  aggrieved,  there  is  no  perfidy,  no  treason  to 
be  apprehended  from  them  by  the  General  Government. 
If  they  do  not  yet  possess  all  the  privileges  enjoyed  by 
the  Jjnerican  citizen,  they  already  set  so  much  value  on 
the  rights  which  have  been  granted  to  them,  that  i^eir 
late  privation  of  those  rights  in  the  present  stormy  cir- 
cumstances have  created  among  them  the  most  serious 
12 


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178 


THE  LEGISLATURE   AKD   WILKINSON. 


[180^. 


alarms."  The  Council  thus  alluded  to  the  high-handed 
measures  lately  enforced  by  General  Wilkinson,  and  to 
his  arbitrary  anest  of  citizens  who  were  under  the  SBgis 
of  those  civil  authorities  which  military  power  had  at- 
tempted to  supersede.  A  more  marked  tone  of  discon- 
tent pervaded  the  address  which  the  House  of  Repre- 
sentatives sent  to  Claiborne  on  the  26th  of  the  same 
month :  **  With  r^ard  to  the  extraordinary  meas- 
ures," they  said,  "  which  have  taken  place  for  some  time 
past  in  this  Tenitory,  although  your  Excellency  has  not 
thought  proper  to  reveal  to  the  Legislature  the  reasons 
which  have  led  to  them,  yet  this  House  considers  it  as  a 
sacred  duty  which  they  oWe  to  themselves  and  their 
tellow-citizens,  fully  to  investigate  those  measures  and 
the  motives  which  have  induced  them,  and  to  represent 
the  same  to  the  Congress  of  the  United  States." 

Claiborne  thus  commented  on  these  two  addi'esses  in  a 
communication  to  the  Secretary  of  State:*  ** You  will 
perceive  by  these  two  documents  that  the  Legislature 
partakes  in  a  great  measure  of  that  agitation  which  at 
present  pervades  the  public  mind,  and  that,  although 
the  measures  lately  pursued  here,  with  a  view  to  the 
public  safety,  are  not  openly  censured,  yet  they  are  not 
approved.  We,  however,  are  assured  of  the  fidelity  of 
the  ancient  Louisianians  to  the  United  States,  and  of 
their  attachment  to  the  General  Government.  For  my- 
self, I  believe  that  this  declaration  is  correct  so  far  as 
relates  to  a  majority  of  the  ancient  Louisianians,  and 
perhaps  the  whole^  so  &r  as  to  exempt  them  from  all 
participation  in  Burros  conspiracy,  but  of  that  portion  af 
our  society  whose  native  langi;age  is  English,  I  cannot 
speak  so  favorably.  Of  the  patriotism  of  many  I  have 
had  abundant  proofs;  but  there  are  others  (and  the 

*  Executive  JoomoJ,  p.  19,  Tol.  8. 


/ 


»i 


is  well 


1807.] 


ABBEST   OF   AABOK  BUBB. 


179 


number,  I  fear,  is  not  inconsiderable)  who,  I  verily  be- 
lieve, woulcl  most  cordially  have  supported  the  vf.ew8  of 
Burr." 

In  the  mean  time,  the  news  reached  Ke^  Orleans  that 
Burr  had  been  arrested  at  Natchez,  and  had  given  bond 
for  his  appearance  before  the  Territorial  Court  at  its 
next  term.  Claiborne  expressed  again  on  this  occasion 
his  apprehension  that  the  issue  of  the  trial  would  be 
"most  unfortunate.'*  He  said:f  "  His  acquittal  will 
probably  ensue,  and  this  dangerous  man  will  be  left  to 
continue  (undisturbed)  in  this  remote  and  exposed  quar- 
ter his  wicked  intrigues  against  the  Government  of  his 
country.  I  find  that  in  Natchez  also,  as  in  this  city,  a 
considerable,  hue  and  cry  is  raised  about  the  violation 
of  the  Constitution  of  the  United  States.  I  am  persuad- 
ed that  many  good  citizens  complain  from  the  very  best 
motives,  and  with  full  conviction  that  there  is  just  cause ; 
but  among  thp  most  clamorous  are  men  who,  I  have 
some  reason  to  believe,  would  not  regret  a  dismember- 
ment  of  the  "Union,  or  withhold  their  aid  in  the  subver- 
sioa  of  the  Government  and  lawa  These  men,  however, 
are  now  most  prolfine  in  their  professions  of  attachment 
to  constitutional  rights,  and  many  good  pec^le  hang 
around  them  with  the  same  aflfecticm  as  if  the}'  redQy 
possessed  the  merits  of  a  Hampden  or  a  Sydney." 

On  the  10th  of  Februarv,  Claiborne  received  a  lettts* 
from  John  Graham,  the  Secretary  of  the  Territory  of  Or- 
leans, written  from  Frankfort  in  Kentueky,  in  wMch  he 
was  informed  that  Blannerhasset  (made  immortal  by  a 
celebrated  passage  in  Wirt^s  speech  on  the  trial  of  Aardti 
Burr),  who  had  gone  dowh  the  Ohio  with  about  two 
hundred  men  and  twenty  boats,  had  proposed,  in  Sep- 
tember, 1806,  to  one  of  Graham's  friends,  in  whose  verao- 

*  Tho  histoiy  of  his  Babeeqaent  trial  and  acquittal  at  Biohmond  in  ""<  I'rnnia 
is  well  known. 


^•i! 


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ft-    •'■' 

ik^i. 

■'■■  '•' 

180 


CLAIBOENE   ON   THE  PLANS   OF  BUEB. 


[1807. 


ity  the  fullest  confidence  was  to  be  placed,  to  join  him, 
Blannerhamet,  and  Colonel  Burr,  in  a  plan  to  bring  about 
a  dissolution  of  the  Union,  and  that,  after  pointing  out 
the  adyantages  which  would  result  to  leading  men  from 
thiB  erection  of  a  separate  goverument  on  this  side  of  the 
Alleghanies,  and  after  observing  that  the  pepple  were  ripe 
for  such  a  measui'C,  he  had  said  that  their'  plan  would 
be  .0  go  with  an  fumed  force  to  New  Orleans,  to  seize 
that  place,  and  after  getting  the  money  in  the  banks,  the 
military  stores  and  IVench  artillery  which  had  been  left 
there,  to  force  the  country  into  a  separation  from  the 
Atlantic  States  by  operating  on  its  commerce* 

"  My  solemn  belief  is,"  wrote  Claiborne  to  the  Gov- 
ernor of  the  Territory  of  Mississippi,  "that, the  seizure 
of  this  city  and  her  riches  was  the  primaiy  object  of  the 
conspirators,  and  the  dismemberment  of  the  Union  the 
ultimate  end  of  the  leaders.  I  believe  the  horrible  plot 
has  been  promoted  by  foreign  influence ;  that  Spain  has 
furnished  Burr  with  his  pecuniar}'  means;  that  the 
agents  of  that  power  in  our  vicitiity  were  advised  of  his 
movements,  and  that  the  late  events  on  the  Sabine  were 
intended  to  draw  ^' "  attention  of  our  Government  from 
the  real  point  of  ick  The  expedition  to  Mexico  I 
believe  to  ha\e  been  suggested  by  the  a/rok  leader ^  with 
a  view  oi  covering  the  real  design,  and  inducing  men 
(whose  hfc>arts  would  have  revolted  at  the  idea  of  arming 
against  their  country)  to  receive  his  orders.  You  will 
have  seen  by  the  Kentucky  pap^is  a  disclosure  of  the 
project  of  th«  Spanish  Court,  in  1797,  to  sever  the 
Western  from  the  Atlantic  States,  and  thl  meains  which 
were  proposed  to  efkct  it.  In  1797,  the  Spanish  Court 
d^ired  to  narrow  the  Western  limits  of  the  United 
States ;  in  1807,  her  object  is  the  same ;  and  to  accom- 

*  Executire  Journal,  p.  28,  vol.  3.      * 


780 

plis 

divi 
tl 

cons 
tog 
also 
neig] 

Aj 
to  tl 

consi) 

oftht 

ed  th< 

had  tl 

sion  o 

to  con 

that  tl 

ishmei 

will  d( 

pointec 

eubgiz 

subject 

good  « 

under  i 

ion  oft 

to  the  i 

Spanisl 

vised  tl 

Rouge 

pr^  wei 

cannon,  I 

njently 

hadBt 


km- 


1807.] 


CLAIBORNE   ATTD  THE  HABEAS   CORPUS. 


181 


plisb  it,  she  endeavors  to  excite  among  us  intestine 
divisions."  "* 

"Under  these  impressions,"  continued  he,  "I  do  not 
consider  the  danger  as  passed ;  and  while  it  becomes  us 
to  guard  against  the  tots  of  domestic  traitors,  we  should 
also  watch  with  care  the  movements  of  our  Spanish 
neighbors."* 

Apprehending  such  dangers,  Claiborne  sent  a  message 
to  the  Territorial  Legislature,  recommending  to  their 
consideration  the  expediency  of  suspending  the  privilege, 
of  the  writ  of  Habeas  Corpus.  He  immediately  inform- 
ed the  Secretary  of  State,  at  Washington,  of  the  step  he 
had  taken,  and  said  to  him  :f  "  If  I  can  acquire  posses- 
sion of  Burr,  Blannerhasset,  or  lyier,  I  shall  tak#meaB» 
to  convey  them  to  the  City  of  Washington,  for  it  is  there 
that  those  great  offenders  will  probably  meet  the  pun* 
ishment  they  deserve.  The  trial  of  Burr  at  Natchez 
will  determine  in  his  acquittal,  and  I  shall  be  disap* 
pointed  if  (as  was  the  case  in  Kentucky)  the  jury  do  not 
eulogize  his  conduct."  Ten  days  later,  returning  to  the 
subject,  he  wrote  to  the  same  ftinctionary : J  "I  have 
good  reason  to  believe  that  Irujo,  the  Spanish  Minister^ 
under  an  impression  that  Burr's  sole  object  wsi  a  divis* 
ion  of  the  American  Union,  M  give  omntenmce  and  aid 
to  the  traitor.  I  am  told  by  a  person  attached  to  the 
Spanish  service  that  Irujo,  early  in  the  last  year,  ad* 
vised  the  Governors  of  ^Havana,  Pensacola  atid  Baton 
Rouge  of  the  designs  of  Burr,  and  that  Fcdch  and  Grand* 
pr^  were  advised  to  place  at  tiro  disposition  of  Burr  suck 
cannon,  muskets,  and  ammunition  as  they  could  conv» 
niently  spare.  My  informer  gives  it  as  his  opinion  that^^ 
had  Burr  appeared  before  Baton  Boitge  three  weeks  agp, 

*  EzecntiTe  Journal,  p.  24,  vol.  8. 
4  BiZeeatiTo  Joomal,  p.  S((. 
I  Bxecttfire  Jonnial,  p.  t7. 


<ii-  ^ 


^- 


%:< 


B'f 


.»i 


•^■•... 


•      '•    ■  k 't  ^.. *.-''!' ■-'4*,!*    )Iii*--'klAlljlHI 


.-^J 


(1 


t»i 


'»'  •.• 


k.«:  I 


{.*  <l 


■,'ii 


182 


CLA1B0R^'E   AND   TILE   HABEAS    CORPUS. 


[1807. 


Kiji 


iW'V;".;",- 1-  -  -,■;  ..•■ 

I.^'T-'  ;■••      ,.,■..■.- 


Ill'  J,,   .v:.\  •■i  r  ■';* 
If *■»"■      ■.,.*"••'■.    ■  T' 


^«J::.•.•^.■v.■1  ..-.(V^ 


the  fort  would  immediately  have  been  surrendered  to 
bim;  but  that  Irujo's  Itibt  dispatches  had  given  great 
alarm  to  the  Spanish  agents,  and  had  put  them  upon  their 
guard  against  the  traitorous  adventurers." 

Much  to  the  mortification  of  Claiborne,  the  Tenitorial 
Legislature  reused  to  suspend,  or  to  put  under  any  re- 
striction whatever,  the  writ  of  Habeas  Corpus,  on  the 
ground  that  it  would  be  a  violation  of  the  Federal  Con- 
stitution. On  the  3d  of  March,  however,  he  was  reliev- 
ed by  the  news  that  Burr,  who  had  fled  from  the  Ten  i- 
tory  of  Mississippi,  had  been  agaiA  arrested  near  Fort 
Stoddard,  in  Alabama,  by  Lieutenant  Gaines.  But  he 
retained  a  considerable  degree  of  alarm  as  to  the  effect 
which  his  course  of  action  might  have  produced  on  m&ny 
influential  men  in  the  United  States,  whose  opposition, 
or  animadversion,  he  was  not  willing  to  encounter — among 
others,  Andrew  Jactson,  since  so  famous,  to  whom  he 
wrote  on  the  31st  of  March:  "Doctor  Claiborne  can 
also  state  the  reasons  which  influenced  my'  conduct 
during  the  late  interesting  crisis.  I  have  been  the  more 
solicitous  to  advise  the  Doctor  of  particulars,  in  order 
that  he  might  the  more  readily  assure  my  friends  of 
Tennessee  that  the  purest  motives  of  honest  patriotism 
continue  to  direct  all  my  acts."  * 
.  He  was  particularly  solicitous  about  justifying  his 
application  to  the  Legislature  for  the  suspension  of  the 
writ  of  Habeas  Corpus,  and  thus  attempted  to  conciliate 
the  approbation  of  Andi*ew  Jackson,  whose  future  im- 
portance he  seems  to  have  foreseen:  "The  inclosed 
paper  will  fiirnish  you  with  copies  of  the  addresses  and 
ai^wers  referred  to  in  my  last  letter,  as  also  a  copy  of 
my  message  of  the  10th  of  February  to  the  Legislature, 
recommending  a  suspension  of  the  writ  of  Habeas  Cor- 

*  Executive  JounuJ,  p.  48,  vol.  8. 


180 

pus 
the 

to  £• 

seqi 

pro\ 

priv 

nitu( 

tumi 

and  j 

ofm 

to  thi 

the  p 

gardi 

no  dc 

tome} 

ordina 

unite  i 

power 

the  ge 

ther,  a 

States, 

have 

1787; 

emitlec 

and  tl 

until  tl 

preme 

su8pen( 

tory. 

Oorpusl 

is  reco£ 
delegat^ 
it  folloi 
the  poi 


f  ■ 


of 
re. 


1807.] 


OLAIBOBNE   AND  THE  HABEAS   CORPUS 


pus.  This  message  will  probably  draw  down  upon  me 
tbe  censure  of  some  whose  good  opinion  I  am  solicitons 
to  /etain,  bat  the  man  who  (regardless  of  personal  con- 
sequences) will  not  do  that  which  his  judgment  ap- 
proves, is  unworthy  of  confidence,  either  public,  or 
private.  You  should  judge  of  my  conduct  by  tbe  mag- 
nitude of  tbe  danger  as  it  appeared  to  me,  not  as  it  has 
turned  out  to  be.  Thus  keep  this  consideration  in  view, 
and  I  am  fully  persuaded  that  you  will  be  among  those 
of  my  friends  who  will  not  condemn  me.  With  respect 
to  the  expediency  of  suspending  the  Habeas  Corpus  at 
the  period  the  message  was  communicated,  and  with  re- 
gard to  the  powers  of  the  Legislature  to  do  so,  I  have 
no  doubt.  The  judges,  however,  and  the  District  At- 
torney, Mr.  Broi/VTi,  say,  they  have  examined  the 
ordinance  by  which  the  Territc^  is  governed,  and 
unite  in  opinion  that  the  Legislature  thereof  has  not  the 
power  to  suspend  the  writ  of  Habeas  Corpus.  But,  if 
the  gentlemen  had  earned  their  researches  a  little  fur- 
ther, and  examined  also  the  Constitution  of  the  United 
States,  I  am  i'^^clined  to  think  that  their  opinion  would 
have  been  otherwise.  The  ordinance  was  passed  in 
1787 ;  its  language  is:  That  the  people  shoM  dlwaya  he 
etUitled  to  the  privilege  of  the  writ  of  Habeas  Corpus 
and  the  trial  by  jury.  It  is  therefore  conceded  that, 
until  the  Constitution  was  adopted  and  because  the  su- 
preme law  of  the  land,  the  power  nowhere  existed  to 
suspend  the  Habeas  Corpus  in  the  North-western  Terri- 
tory. But  the' Constitution  declares  that  the  Habeas 
Corpus  shaM  not  be  suspended  eooce^t  in  times  of  rebelUon^ 
or  danger  of  invasion.  Here  then  a  power  to  suspend 
is  recognised,  nor  is  it  among  those  powers  delusively 
delegated  to  Congress,  or  prohibited  to  the  States ;  hence 
it  follows  that  (by  the  amendments  to  the  Constitution) 
the  power  is  reserved  to  the  States.     If  a  State,  there- 


''mm'-  ■  '■ 


i.mi 


VM': 


C'.i- 


' .  I 


ft  /' •»' ;h.;  S    iv" 


184 


MILITARY  nrrEBFEBENCE  WITH  SLAVERY.        [1807. 


fore,  can  suspend  the  Habeas  Corpus,  I  contend  that  a 
Territorial  LegiaUture  can  do  likewise,  for  their  powers 
extend  to  all  the  rightful  subjects  of  legislation,  and 
those  are  rightfiil  which  the  supreme  law  of  the  land 
(the  Constitution)  recognizes."  It  io  evident  from  what 
precedes  that  there  was  in  those  days  an  approximation  to 
that  doctrine  of  Territorial  embryo  Sovereignty,  which 
has  lately  been  the  subject  of  so  much  discussion.  Clai- 
borne addressed  also  a  letter  of  the  same  import  to 
George  Poindexter,  whose  approbation  of  his  course  he 
was  desirous  to  obtain  in  the  Burr  conspirac}'. 

On  the  2nd  of  April,  Claiborne  forwarded  to  the 
Secretary  of  the  Treasury  a  list  of  the  public  buildings, 
and  lots  owned  or  claimed  in  New  Orleans  by  the 
United  Statea* 

Ho  added,  that  he  would  endeavor  to  procure  a  sur- 
vey of  the  lots,  accompanied  with  a  drawing  which 
would  show  their  situation,  and  that  he  would  "forward 
the  same  in  due  time. 

The  excitement  produced  by  Burr's  conspiracy  and 
by  the  arrests  made  by  the  military  power  in  New 
Orleans  was  beginning  to  subside,  when  the  same  power 
soon  gave  rise  again  to  a  great  deal  of  discontent,  which 
came  very  near  generating  tumults  and  disorder.  Sever- 
al gun-boats  of  the  United  States  were  anchored  in  the 
Mississippi,  opposite  to  New  Orleans,  and  near  to  the 
western  .bank  On  the  4th  of  .Tuly,  a  plants  in  their 
vicinity  was  correcting  a  ^Bn^ale  ak^ve,  whose  ones  being 
heard  by  the  officers  and  crews  of  the^gon-boats,  three 
of  the  young  officers,  aoooiiH|>anied  by  a  few  sailors, 
entered  the  phmter's  indosure,  and  released  by  force  his 
slftva  The  effect  produced  in  the  community  by  such 
an  act  may  easUy  be  Bii]^x>sed^  and  the  public  efferves- 

>^^'  *  Ezecathre  Journal,  p.  4f,  toL  8. 


1801 

ceno 
atelj 
peoj] 

ly  su 
ofju 
Ne 
ofqu 
tion. 
whol 
New( 
withl 
commi 
Territt 
ofgroi 
comma 
parativ 
pied  as 
and  the 
of  the 
howeve 
his  claii 
Court 
possessi 
ingston 
"diggin 
part  of 
citizens 
off.    Ol 
the  land] 
of  ownt 
These  ej 
sence  of  [ 
was  on  t| 
iQ  a  grea 
claimed 


••J 


"'f^     'Wi 


1807.] 


EDWABD  LIVINGSTON  AUD  THE  BATTURE. 


185 


cenoe  could,  at  first,  ha^y  he  kept  down,  but  fortun- 
ately, the  appeals  made  to  the  sober  judgment  of  the 
people  prevailed  against  passion,  and  the  case  was  calm- 
ly submitted  to  the  investigation  and  decision  of  a  court 
of  justice. 

New  Orleans,  in  those  days,  was  never  long  in  a  state 
of  quietude,  and  it  was  soon  again  thrown  into  commo- 
tion. Edward  Livingston,  a  native  of  New  York,  a  man 
who  had  speedily  risen  to  be  at  the  head  of  the  bar  of 
New  Orleans,  and  whose  acknowledged  talents,  coupled 
with  his  supposed  rapacity,  gave  great  uneasiness  to  the 
community  at  the  time,  early  after  his  airival  in  the 
Territory  had  become  concerned  in  the  purchase  of  a  parcel 
of  ground  fronting  the  upper  suburb  of  New  Orleans,  and 
commonly  called  the  JBtU^re — a  piece  of  land  of  com- 
paratively recent  alluvial  formation.  It  had  been  occu- 
pied as  a  common  by  the  city  for  many  years  previous, 
and  the  title  which  the  city  had  to  it  was,  in  the  opinion 
of  the  inhabitants,  unquestionable.  It  had  happened, 
however,  that  Livingston  had  prosecuted  with  success 
his  claim,  and,  in  pursuance  of  a  decree  of  the  Superior 
Court  of  the  Territory,  the  f l^atilf  had  been  put  in 
possession  by  the  sheriff.  A  ie\~  days  afterwards,  Liv- 
ingston employed  a  number  oS  negroes  to  commence  the 
"  digging  of  a  canal "  which  he  projected  to  make  in  a 
part>  of  the  l&nd  decreed  to  hun  by  the  courts  but  the 
citizens  assembled  in  considerable  ibroe  and  drove  him 
off.  On  the  day  following,  Livingston  went  again  to 
the  land  in  question  with  a  view  of  exercising  his  rights 
of  ownership^  but  was  again  opposed  by  the  citizens. 
These  events  had  taken  place  during  a  temporary  ab- 
sence of  Claiborne  from  tlie  oity.  On  his  retam,  which 
was  on  the  1st  of  September,  he  Ibnnd  the  public  mind 
in  a  great  state  of  agitation.  Livingston  immediately 
claimed  the  Governor's  interference  in  his  favor,  and  the 


V 


186 


CLAIBORNE   AND   TIIE  BATTURE. 


[1807. 


180; 


"mm 


TV 

■- .?  * 


City  Council,  on  the  otber  hand,  passed  a  Resolution  re- 
questing that  functionai'y  to  lose  no  time  in  taking 
measures  to  prosecute  the  claim  of  the  United  Btates  to 
the  Battur€f  which  was  considered  by  the  Council  as 
indisputable. 

**  I  must  confess,"  wrote  Claiborne  to  the  Secretary  of 
State,  on  the  8d  of  September,*  "  that  I  feel  much  em- 
barrassed what  course  to  pursue.  The  opposition  on  the 
part  of  the  people  to  a  decision  of  the  court  is  in  itself 
so  improper,  and  ftimishes  a  precedent  so  dangerous  to 
good  order,  that  it  cannot  be  countenanced.  But  the 
opposition  on  the  present  occasion  is  so  general,  that  [ 
feel  myself  compelled  to  resort  to  measures  the  most  con- 
ciliatory, as  the  only  means  of  avoiding  still  greater 
tumult,  and,  perhaps,  bloodshed.  For  myself,  I  have 
supposed  that  the  court  was  in  error  in  awarding  the 
property  in  question  to  the  plaintiff.  My  opinion  is, 
that  the  title  is  in  the  United  States,  but  the  court, 
probably,  are  better  acquainted  than  myself  with  the 
merits  of  the  case.  Mr.  Brown,  the  attorney  for  the 
United  States,  was  one  of  Mr.  Liv^ingston's  counsel  in 
the  cause,  and  may  feel  a  delicacy  in  prosecuting  the 
claim  of  the  United  States,  but,  under  existing  circum- 
stances, I  have  esteemed  it  my  duty  to  urge  his  doing 


so. 


w 


"  The  assembly  of  the  people  on  the  BcMwre  was  un- 
lawful, and  the  opposition  to  Mr.  Livingston  and  his 
negroes  may  be  considered  as  a  riot— an  offense  properly 
cognizable  by  our  courts,  and  as  they  are  open,  T  see  no 
real  necessity  for  Executive  interference,  unless,  indeed, 
I  should  think  proper  to  issue  a  proclamation  advising 
the  peopleto  desist  from  frirther  opposition  to  Mr.  Liv- 
ingston's claim,  and  warning  tbem  of  the  consequences 

.      <     v^^:*   '     *  llxe(nithre  Journal,  pBge  108,  Tol.  8,    ''  'r     r^iiE^* 


— a 
asy 

that 

not  1 

"I 

Jarly 


1807.] 


RIOTS    ABOUT  THK   BATTDRE   CLAIM. 


187 


i' 


fees 


— a  measure  much  desired  by  the  claimant — but  I  have 
as  yet  declined  doing  so  for  several  reasons,  one  of  which 
is,  it  might  make  an  impression  in  the  United  States 
that  the  people  were  disposed  for  insurrection,  which  is 
not  true. 

:.  '^In  my  next  letter  I  will  acquaint  you  more  particu- 
larly with  the  merits  of  the  Batture  case.  It  is  indeed 
a  question  highly  intereuting  to  the  inhabitants  of  this 
city.  From  it  (the  batture)  has  been  taken  all  the 
earth  for  constructing  the  Zevee  that  protects  New  Or- 
leans from  the  inundations  of  the  river.  It  has  also 
furnished  the  earth  used  in  public  and  private  buildings 
and  for  improving  the  streets." 

"  In  high  water  the  Batture  is  entirely  covered.  K 
reclaimed,  it  is  feared  the  current  of  the  Mississippi  will 
in  some  measure  change  its  course,  which  will  not  only 
prove  i];guriou8  to  the  navigation,  but  may  occasion 
depredations  on  the  levees  of  the  city,  or  those  in  its 
vicinity." 

In  the  meantime  Livingston  had  instituted  civil  actions 
against  the  most  prominent  citizens  who  had  opposed  his 
taking  possession  of  the  Batture.  But  still  the  people 
retained  that  possession,  and,  on  the  16th  of  September, 
the  Governor  went  in  person  to  persuade  the  mout  of  the 
course  which  they  were  pursmng.  At  noon  of  that  day, 
ten  or  twelve  white  laborers,  employed  by  li^vingston 
who  seemed  determined  not  to  shrink  before  o&y  exhibi- 
tion of  popular  fury,  began  to  work  on  the  Batture.  At 
4  o'clock,  the  sound  of  a  drum  was  heard  in  the  streets, 
the  excited  citizens  rushed  out  of  their  houses,  and  col- 
lected to  the  nmnba?  of  several  hundred,  moat  of  them 
})eing  na^ves  of  Louisiana,  or  Franee.  Beii^  early  ad- 
vised by  the  aherilt  of  the  assemblage  of  the  people,  and 
in  consequence  of  the  sheriff's  apprehension  that  the  pub- 
lic peace  would  be  greatly  disturbed,  the  Governor  re- 


%• 


■¥■■ 


':f>i-\^  '  -^  •■■„     ' 


:M^ 


'K 


.♦I'  ■  t 


188 


CLAIBOUNE   AMD   TIIE   illOTEBS. 


[1807. 


•  •••i; 


If!;.  A'A»..-     ■:-■: 
I". '  •  •  V  -i^^i.;:- 

'  •  ■  '.  V   » '  *  -'•*» 


[y'f  \ 


paired  to  the  spot,  and  addressed  the  multitude  in  theHe 
words :  '*  Permit  me,  fellow-citizenkt,  to  claim  your  at* 
tention,  and,  as  your  governor  and  your  friend,  to  submit 
to  your  consideration  a  few  observations : 

"  Whatever  may  be  the  redress  desired,  believe  me, 
the  mode  you  h«ve  adopted  is  improper.  It  cannot 
possibly  avail  you,  and,  if  you  persist  in  it,  will  injiu^ 
yourselves  and  your  cause. 

'^  It  is  the  duty  of  us  all  to  yield  submission  to  the 
laws.  The  Superior  Court  of  this  Territory  has  i»ro' 
nounced  this  Batture  to  be  the  property  of  Mr.  John 
Gravier,  and  he,  Mr.  Livingston,  (who  claims  under  Gra- 
vier)  has  been  put  peaceably  in  possession  thereof  by 
the  sheriff.  The  Supreme  Court  derives  its  authority 
from  the  government  of  the  United  States,  and  its  de- 
creea  must  thm'efore  be  obeyed. 

'^  It  is  no  less  my  duty  than  sincere  desire  to  promote, 
by  all  the  means  in  my  power,  the  interests  of  my  fel» 
low-citizens.  To  the  President  of  the  United  States  who 
expects  from  me  a  faithfid  relation  of  whatever  concerns 
the  welfare  of  this  Territory,  I  have  already  transmitted 
such  information  as  I  could  obtain  relative  to  the  con* 
flicting  claims  to  the  Batture,  nor  will  I  omit  laying  be* 
fore  him  such  further  representations  on  the  subject  as 
may  be  furnished  me.  The  decision  of  the  Suproue 
Court  is  for  the  present  conclusive ;  it  does  not  preclude 
(in  my  ojHiiion)  all  farther  inquiry  as  to  the  right  of 
property  to  the  Batture.  But  such  inquiry  must  be 
commenced  and  conducted  m  submission  to  the  Govern' 
meat  and  conibrmably  to  the  laws. 

^*  I  have  come  among  you  eii^^ly  and  wiiii  confidence. 
I  look  to  yourselves  for  support ;  we  must  all  aid  in  the 
preservation  of  good  order.  I  am  persuaded  that  no 
individual  in  this  assembly  cottld  wish  to  rdise  his  arm 
against  the  Government,  and  when,  fellow-citizens,  your 


M 


1807.] 


PBOOEEDI50S  07  THE  BIOTEBS. 


189 


Chief  Magistrate  unites  to  a  command  an  earnest  en- 
treaty that  you  should  forthwith  retire  in  peace  to  your 
respective  homes,  no  one,  I  am  certain,  will  be  found  in 
opposition."* 

The  Governor  was  received  and  heard  with  respectful 
attention.  After  this  discourse,  Colonel  Macarty,  who 
stood  near  him,  proceeded  to  state  the  serious  uneasiness 
which  the  decision  of  the  Court  had  excited ;  the  long 
and  undisturbed  possession  of  the  Batture  by  the  city,  as 
well  under  the  IVench  as  the  Spanish  Qovemment ;  and 
the  great  injury  which  wOwJd  result  to  the  inhabitants 
if  the  land  should  be  built  upon  and  improved/'  The 
Governor  replied  "  that  the  deoiaion  of  the  Court  could 
not  be  controlled  by  him,  that  its  authority  was  nanc- 
tioned  by  the  Government,  and  that  its  decrees  must  not 
be  opposed  by  the  people.''  A  person  in  the  crowd  ob- 
served, '^  And  in  the  mean  time  no  work  must  be  done 
on  the  Batture."  Many  voices  exclaimed,  *'  That  is  the 
general  wish."  Claibcone  took  the  occasion  to  observe, 
^'  That  the  American  Government  was  wise  and  just — 
that  it  was  a  government  of  laws  and  not  of  men~~that 
the  laws  reigned  and  the  oitizeus  must  be  subservient 
thereto— that  he  was  ready  and  desirous  to  transmit  to 
the  Government  such  representations  as  should  be  fur- 
nished him  relative  to  the  conflicting  claims  to  the  Bat- 
tore."  Colonel  Belleohasse,  another  influential  man,  who 
also  stood  near  Claiborne,  stated  in  a  concise  manner  his 
reasons  for  believing  the  Batture  to  be  the  property  of 
the  public.  He  expressed  his  readiness  to  go  to  Penssr 
cola  in  search  of  documents  to  prove  that  the  Batture 
had  always  been  considered  by  the  Spanish  Government 
asSpaoish^roperty — a&dadccidwhetiiartlttGovemorhad 
any  objection  to  the  peo|^  nominatiiig  att  agent  to  carry 

,4,    ,  ,,j, , , ,   ^^    :  •  Btfioutlve  Jounal,  vol.  8,  page  US. 


'■.i. 


f , 


•S. 


!*5- 


t' zV  liJnM 


mM< 


Mi 

■     M 


■m& 


•'-•v.'* 
1*1 


•;<.,■..:,;  Ail' 
''<.V.    fje,'    . 


'■*»•  .5.    '    *v   ■■■•  ;  '■'< 


190  GOVERNOR  CLAIBOENE  ON  THE  JUDIOIAEY.        [1807. 

to  the  President  of  the  United  States  a  statement  of  their 
grievances.  "  None,"  answered  the  Governor, "  provided 
the  representation  should  be  respectful.*'  "  Will  you  re- 
commend our  agent  to  the  President  ?"  was  the  immediate 
inquiry.  Claiborne  assured  the  crowd  that  he  would, 
provided  the  agent  should  be  a  man  of  respectability, 
and  Colonel  Macarty  was  then  chosen  by  universal  ac- 
clamation. It  being  now  understood  that  the  whole 
management  of  the  affair  was  left  to  Colonel  Macarty, 
the  citizens  withdrew  in  peace  to  their  respective  homes. 

Claiborne,  in  relation  to  this  popular  excitement,  dur* 
ing  which  he  had  behaved  with  commendable  forbear- 
ance and  judgment,  addressed  these  reflections  to  Mr. 
Madison,  the  Secretary  of  State :  **  It  is  deemed  a  mis- 
fortune that  the  Superior  Court  of  the  Territory  should 
be  a  court  of  dernier  resort.  T  wish  not  to  reflect  upon 
ourTerritorialJudges.  But  I  do  think  that  the  citizens 
can  justly  claim  of  Congress  provision  for  appeals,  in 
certain  cases,  from  the  Court  of  this  Territory  to  the 
Supreme  Court  of  the  United  States,  or  if  this  be  con- 
sidered improper,  that  a  High  Court  of  Appeals,  with 
official  powers  for  this  and  the  adjoining  Territory, 
be  created  by  law.  In  these  two'  Territories  suits  of 
immense  importance  are  frequently  brought,  involving 
many  intricate  questions  of  law,  and  in  the  determina- 
tion of  which  all  Judges  may  sometimes  err."  But 
whilst  the  case  was  pending  before  the  Federal  Govern^' 
ment,  Livingston  had  quietly  taken  possession  of  the 
Batture,  and  in  the  month  of  November  was  making 
improvements  on  it. 

In  the  month  of  December,  war  rumors  became  current 
in  New  Orleans,  and  a  collision  was  daily  expected  be- 
tween the  United  Stated  and  England,  on  the  questions 
of  impressment  of  sailors,  the  right  of  search,  and  the 
protection  claimed  to  be  afforded  by  the  American  flag 


180 

tot 

to  J 

istn 

and 

as  >; 

even 

rawi 

D, 

prero 

tive, 

8eem< 

Secrei 

judici 

idenc( 

and  t( 

Territi 

obedie 

measu] 

standii 

opinioi 

The  in< 

mteresi 

been  m 

meat. 

On 

the  Sec 

here  in 

the  moT 

• 
hither, 
T^e  shall 
the  wint 
New  Or 

CJaibom 


H:  M 


1807.1 


CLAIBOBNE  ON  THE  JUDIdABY. 


1»1 


to  those  ye&je]s  wHch  sailed  under  it.  Claiborne  wrote 
to  Madison,  strongly  approving  the  course  of  the  admin- 
istration in  resisting  the  pretensions  of  Great  Britain, 
and  said :  ^'  I  consider  the  Louisianians  very  generally 
as  being  well  affected  to  the  Government,  but,  in  the 
event  of  an  English  war,  they  will  with  enthusiasm  rally 
vowid  our  standard." 

During  this  year,  daibome,  in  the  exercise  of  certain 
prerogatives  which  he  thought  belonged  to  the  Execu- 
tive, had  come  into  conflict  with  the  judiciary.  He 
seemed  to  have  felt  it  keenly,  and  thus  addressed  the 
Secretary  of  State :  "  In  cases  of  collision  between  the 
judiciary  and  the  Executive,  where  the  former  shall  ev*- 
idence  a  manifest  disposition  to  embarrass  the  Executive, 
and  to  prevent  the  execution  of  a  law  enacted  by  the 
Territorial  Legislature,  must  the  Executive  yield  implicit 
obedience  to  the  judiciary,  or  is  he  authorizud  to  take 
measures  to  carry  (the  opinion  of  the  judges  notwith- 
standing) the  will  of  the  Legislature  into  effect  ?  Your 
opinion,  sir,  on  this  subject  will  be  thankfully  received." 
'Die  inquiry  was  a  curious  one,  and  it  would  have  been 
interesting  to  see  the  answer  of  Madison,  but  it  has  not 
been  my  good  fortune  to  lay  my  hands  on  that  docu- 
ment. 

On  the  29th  of  December,  180t,  Claiborne  wrote  to 
the  Secretary  of  State:  "General  Moreau  is  expected 
here  in  a  few  day«.  For  myself  I  attach  no  suspicion  to 
the  movements  of  t|iat  great  but  unfortunate  man,  etc., 

General  Dayton  is  on  his  way 

hither,  and  BoUman  is  said  to  be  near  t^  city.  I  fear 
we  shall  have  *  so  many  choice  spirits*  aniong  us  during 
the  winter,  that  it  will  be  found  expedient  to  order  to 
New  Orleans  a  greater  number  of  isegular  troops."         « 

1808.  On  the  meeting  of  the  Teriitorial  Legislature, 
Claiborne,  on  the  18th  of  January,  said  to  them  in  the 


n 


f  :'..■■ 


•.•M 


r 


■.■■  'it 


,M 


■■-  ! 


.^:V.^■■;f?^ 


192 


THE  PBESIDENT   A^^D  THE  BATTUBE. 


I  'if   ;'T-'    «.■•      ,     ■*  >  '    ;  ■ 


■:s<' 


1 1.» '  • 


[1808. 


I  it*  ■'■'■     ■  .      '    .',   • 


annual  Executive  Message  with  whicli  tBe  sessions  of 
such  bodies  ai^  generally  opened :  "  A  University  has 
been  established  by  law,  but  is  left  to  the  precarious 
support  of  private  bounty.  In  behalf  of  so  valuable  an 
institution^  the  liberality  of  the  citizens  was  with  confi- 
dence appealed  to,  but  Tvithout  the  smallest  success.'^ 
He  advised  the  Legislature  to  provide  for  this  neglect, 
and  he  recommended  also  the  establishing  of  one  or 
more  free  schools  in  each  parish,  under  the  direction  of 
a  board  of  trusteea* 

On  the  24th  (January),  Claiborne  received  a  (Commu- 
nication from  the  President  of  the  United  States  in  rela- 
tion to  the  Batture,  which  was  taken  possession  of,  in 
obedience  to  received  instructions,  by  the  Marshal  of 
the  United  States.  Many  of  the  Americans,  among 
whom  Livingston  had  many  partisans,  affected  to  cen- 
sure seveuely  the  orders  of  the  Federtd  Execaitive,  but 
the  Louisianians,  on  the  contrary,  were  much  gratified, 
askd  the  Legislature  passed  a  vote  of  thanks  to  the  Pres- 
ident. The  Batture  became  a  source  of  an  endless  and 
protean  litigatitm  which  occupies  a  conspicuous  place  in 
the  annals  of  our  jurisprudence. 

From  the  beginning  of  the  organization  of  the  Terri- 
torial Government  the  Louisianians  had  been  restive 
under  the  obligation  of  paying  taxes  to  which  they  were 
not  accustomed,  and  the  Legislative  Council,  addressing 
Claiborne  on  his  late  niessage,  made  these  observati9ns : 
*'  The  Oouncil  has  learned  with  pleasure  that  the  actual 
impositions  are  more  than  sulScient  to  defray  the  public 
expenses.  Tljy^  people  of  Louisiana,  formerly  accustomed 
to  pay  none  apparently,  felt  the  establishment  of  taxes 
as  a  great  hu^ship,  aud  would  probably  Bee  the  aug- 
mentation of  them  with  conea^n.'^ 

*  Exeeuthre  Jouaai,  p.  181,  vat.  3. 


180{ 

■  c 

Kiel 

stru( 

'  oft] 

on  a] 

joins 

Thei 

jurisj 

part 

courts 

firesid 

arise  i 

than  a 

rest  of 

to  resi 

accusto 

popular 

Territo; 

grant  c] 

to  the 

countri< 

cordant 

mutual 

tend. 

other- 

istration 

ceived  a 

portance 

even  the 

hand,  wi 

so  on  tht 

when  yoi 

their  wis 


1808.] 


olaiboene's  instructions  to  a  judge. 


193 


On  appointing  one  of  his  own  kinsmen  to  office,  Major 
Richard  Claiborne,  the  Governor  sent  him  written  in- 
stractions  which  do  equal  credit  to  the  mind  and  heart 
of  their  aulhor.*  "  You  are  about  entering"  said  he, 
on  an  arduous  task.  The  duties  which  your  office  en- 
joins require  reflection  and  attention  rather  than  labor. 
The  members  of  a  community  are  more  concerned  in  the 
jurisprudence  of  a  country  than  perhaps  in  any  other 
part  of  the  Government.  The  liusiness  transacted  in 
courts  of  justice  comes  home  to  every  man's  feelings  and/ 
fireside,  and  the  petty  contests  and  domestic  broils  which 
arise  in  a  village  or  neighborhood  excite  more  interest 
than  all  the  differences  of  whatever  kind  in  which  the 
rest  of  the  world  may  be  engaged.  .  . 
^  "  Recollect  that  the  people  among  whom  you  are  going 
to  reside  differ  from  those  with  whom  you  have  been 
accustomed  to  associate — differ  from  each  other.  The 
population  of  that,  as  well  as  of  every  other,  part  of  this 
Territory,  is  composed  of  Creoles,  Europeans  and  emi- 
grant citizens  of  the  United  States,  all  of  them  adhering 
to  the  peculiar  prejudices  acquired  in  their  respective 
countries.  Perhaps  among  materials  so  jarring  and  dis- 
cordant it  may  be  difficult  to  preserve  harmony  and 
mutual  good-will.  But  to  this  end  all  your  efforts  must 
tend.  Exert  yourself  to  render  them  satisfied  with  each 
other — satisfied  with  yourself.  Mildness  in  the  admin- 
istration of  the  laws,  a  general  acquiescence  in  their  re- 
ceived and  usual  habitiit,  are  of  the  most  essential  im- 
portance. Where  principle  is  not  concerned,  indulge 
even  their  follies  and  prejudices.  As  this,  on  the  one 
hand,  will  exempt  you  from  a  charge  of  fastidiousness, 
so  on  tho  other,  it  will  insure  respect  and  consideration, 
when  you  shall  find  it  necessaiy  to  act  in  opposition  to 
their  wishes. 

*  EzeentiTe  Jonmal,  p.  186,  toI.  8» 

13 

It     ' 


:<'ji 


*:^; 


SI 


m 


m 


K-^'s. 


.♦»■ 


194 


DEMOLITION    OF   FORT   ST.   LOUIS. 


[1808. 


lib-:''     ^'■■•t.t'jLj. 


'^  In  deciding  upon  tlie  rights  and  liberties  of  the  citi- 
zens, let  your  conduct  be  marked  with  deliberation  and 
iirmness,  eradicate  from  your  bosom,  as  fai^as  the  falli- 
bility of  our  nature  will  allow,  those  passii>ns  and  pre- 
possessions often  unjust  in  private  life,  but  always 
fraoghtwitl.  ruin  and  miseor  when  inlluencii^  our  pX 
lie  acts.  Cultivate  a  general  acquaintance  with  the  peo- 
ple, instruct  them  in  the  principles  of  our  Constitution 
and  inculcate  an  attachment  to  the  Union.  Be  yourself 
on  your  guard,  and  warn  them  against  the  designs  of 
base  men  who  pervade  the  Territory  in  all  directions, 
poisoning  the  community  with  false  and  malignant  state- 
ments, and  industriously  fomenting  distrust  and  dissat- 
isfaction toward  the  American  Government."  j 

In  the  month  of  March,  the  City  Council  requested 
the  Governor  to  consent  to  the  demolishing  of  Fort  St. 
Louis  and  the  filling  up  of  the  trenches  surrounding  it, 
*'inasniuch  as  it  impeded  the  communication  between 
the  town  and  the  suburb  St.  Mary,  and  the^  trenches 
were  receptacles  of  stagnant  water  and  of  all  manner  of 
filth  which  engender  diseaj^e — ^and  the  further  request 
was  that  the  materials  of  said  fort  be  left;  at  the  disposal 
of  the  Council  for  the  use  of  the  city."  Claiborne  'con- 
sented to  the  first  part  of  the  request,  but  ordered  that 
the  materials  of  the  demolished  fort  be  lefb  at  the  dispo- 
sal of  the  military  agent  of  the  United  States  who  would 
elnploy  them  elsewhere  for  public  uses.* 

Claiborne  informed  the  Secretary  of  State,  on  the  14th 
of  March,  that  the  Legislature  of  the  Territor}'  was  still 
in  session,  but  that  "  they  luad  done  little,  and  were  not 
likely  to  do  more;"  that  New  Orleans,  the  seat  of  fac- 
tion and  intrigue,  was  illy  calculated  for  the  residence  of 
the  legislative  body,  and  that  a  '^  resolution"  had  passed 

*  Bxecatitre  Jonmalfp.  181,  V(d.  8. 


1808 

the: 

ernn 

hunc 

meas 

Oi 

havii 

in  th( 

menti 

had  1 

distiij 

points 

Claibc 

magisi 

the  la 

confln( 

civiliai 

citizeni 

the  ai( 

uncertf 

remedi 

His 

qui^fi^ 

toykli 

bie  the! 

Stat^ 

be  piirg 

lawtfwi 

Oottsi 

United' 

molt  tl 

enti*«Bee 

the  sab 


War,  " 


t 


<• 


>  -pi-y.. 


1808.] 


,^' 


DIGEST  6P  civil   LAW. 


195 


the  Hotise  of  Representattves  to  remove  the  seat  of  gov- 
ornment  to  a  little  village  on  the  Mintimii^pi,  About  one 
hundred  miles  above^tne  cky,  but  that  he  feared  the 
measure  would  no1r*t)e  approived  by  the  Oooncil. 

On  the  81st  of  March  the  Legislature  adjourned,  after 
having  adopted  a  Digest  of  the  civil  kwtfthen  in  force 
in  the  Territory  of  Orleans,  with  alterations  and  amend- 
ments adapted  to  the  pi^sent  foi»m  of  Government.  It 
had  been  prepared  by  Moreau  lAiiet  and  Brown,  two 
distinguished  members  of  the  bar,  who  had  been  ap- 
pointed, in  1805,  to  that  effect.  "This  trork,"  wrote 
Claibome  to  Madisbn,  "  will  be  of  infinite  service  to  the 
magistrates  and  thd  citizesis.  Herdiofore  a  knolrledge  of 
the  laws  by  which  Wfe  Weile  governed  was  extremely 
confined.  The  hiwyefs  who  avowed  themselves  to  be 
civilians  told  the  judges  what  the  law  was,  and  the 
citizens,  in  the  most  commt)n  transactions  of  life,  needed 
the  aid  of  counsel;  but  this  state  of  insecurity  and 
uncertainty  wUl,  for  the  f itture^  bd  i^  &  great  measure 
remedied."  •  v«  „ 

His  approbation,  hc»wev#,  vms  ftu*  ftom  being  un- 
quaUSed,  for  he  added r^I  me  mtfeh  to  admire  m  the' 
Oivii  LmJD  \*  bnt  there  are  some  piinet{fkB  whieh  ought  i 
to  yield  to  (lie  Oommonf  Law  doctrine.  Bideedit  has  been  ^ 
with  me  a  favorite  pblloy  to  assimilate  as  much  as  poesi' ' 
ble  the  laws  and  usages  of  this  Terrftotyt©  those  of  the* 
States  generally,  b>nt  t^#  woric  o#<innovation  could  not 
be  pmrsued  hastily,  nor  i^h  safety,  «itil  the  ezktang 
laws  wtte  flilly  pwi«[ited  to  c^ffr  vSew.** 

Considering  the  probability  of  a  war  be*w^^B  the 
United'  Static  aiid  Oireati  ftitak,  ^  FecUiii  €b<Tern- 
molt '  tlwwi^ght  df  Meeting  fottifioiMtk>n8  to 'pi^otect  the 
entrance  of'^e  Missls^li^i,  and  consulted  Okibome  on 
the  sabject.  ^  Calculate,"  iMiid  he  to  the  Secretary  of 
War,  *'  the  expense^cf  a  simihMr  W9rk  in  any  State  of  the 


s 


M^^^ 


ttf,  *  '  ■ 
MA  ;  ,, 


im 


•-''*. 


:,•>  •*! 


ti^*t?l>v    .V-  ■•■■',"' 


1 14 

.   1 


I*. ,  ■• 


il*i  ■■■■  J.  " '  •■  ;<>■;•■ 


196 


CIRCULAE  TO   BCILITIA  OFFICERS. 


[1806. 


Union,  and  then  make  an  addition  of  fifty  per  cent.,  and 
you  will  fall  far  short  of  the  real  expenditure  at  Plaque- 
mine.  A  work  at  the  English  Turn  is  desirable.  The 
Fort  at  Plaqnemine  may,  with  a  leading  breeze  and  un-s 
der  cover  of  the  night,  be  passed.  But,  under  no  cir- 
cumstances, could  a  vessel  evade  a  battery  at  the  £ng*i 
lishTum."  4^ 

By  this  time  the  celebrated  "  embargo  measure,"  adopter 
ed  by  the  United  States  in  consequence  of  their  ibreigai' 
unfriendly  relations,  was  in  ^11  operation,  and  Claiborne, 
in  addressing  the  I^esident  of  the  United  States  oA  that 
subject,  said :  "  The  provisions  of  the  new  Embargo 
Act  are  calculated  to  give  efficacy  to  a  measui'e  the  most 
dignified  and  the  most  salutary  which,  under  existing 
circumstances,  could  have  been  resorted  to,  for,  as  you 
have  well  observed,  in  repljHuig  to  the  Columbian  Order 
of  New  York :  TikenB  can  be  no  qtiestion  in  a  mind  truly 
American,  whether  it  is  best  to  send  ow  citieens  and 
propertff  into  certain  captimty  and  wage  wa/r  for  their  i 
recovery,  or  to  keep  them  at  horned 

The  militia  of  the  Territopy  had  relapsed  into  a  state 
of  greftt  inactivity  and  indifference,  which  was  particu*4 
larly  to  be  regretted  at  a  time  of  apprehended  coUisions 
vrith  foreign  nations.  To  rouse  the  Lonisianians  from 
their  apathy  and  revive  their  military  ardor,  Claiborne 
bethought  himself  of  sending  a  circular  to  all  the 
officers  who  were  in  command  of  regiments.  It  was  a 
spirited  address,  and  invited  all  those  who  were  subject 
to  militia  duty,  to  r^Miir  with  pleasure  and  promptitude 
to  the  field  of  ^serdse,  "  for,"  said  he,  "'  without  some 
previous  military  discipline  alud  knowledge  of  tactics,  a 
band  of  citizen-soldiers,  however  courageous  «id  patri- 
otic, are  illy  calculated  to  combat  with  sneeess  veteran 
armies.  This  Territory,  from  its  peculiar  local  situa^ 
tion,  is  eicposed  on  all  sides  to  perilous  casualties,  and  in 


180 

the 
wit] 
of  c 
ahly 
lantj 
beh€ 
In 
Orlei 
anxie 
betw( 
and  I 
Levee 
severe 
life  an 
had  b 
coverii 
even  d 
be  in  t' 
city  a  < 
At  on< 
alanuii] 
Was  in 
sisaippi 
lars  sen 
bad  ha} 
been  on 
returnee 
Secretar 
he,  «  we 
us,  and 
doned  ii 
*he  part 
Amoagi 


1808.] 


RIOTS   AND  DISTUBBAN0E8. 


197 


mv^'ff^: 


the  first  moments  of  danger,  whetb<H*  fiK>m  within,  or 
without,  we  must  depend  upon  ourselves  for  the  means 
of  defence.  Adequate  succor  would  most  unquestion- 
ably be  pron^)tly  afforded  from  the  WeLdfBni  and  At- 
lantic States,  but,  in  our  remote  and  isolated  position,  it 
behooves  us  to  be  prepared  to  resist  the  first  onset." 

In  the  b^inning  of  August,  there  were  again  in  New 
Orleans  several  riots  and  disturbances  which  gave  some 
anxiety  to  Claiborne.    They  consisted  in  serious  afl^ys 
between  the  American  sailors  and  the  French,  Spaniards 
and  Italians  of  the  same  class.    They  appeared  on  the 
Levee  in  battle  aivay,  and  had  skirmishes  which  were 
severe,  and  in  which  considerable  damage  was  done  to 
life  and  limb.    Many  supposed  that  the  ibreign  sailors 
had  been  stimulated  to  this  quarrel  with  a  view  of 
covering  a  more  dangerous  conspiracy.    The    Mayor 
even  designated  to  the  Governor  a  person  supposed  to 
be  in  the  pay  of  a  foreign  government,  who  had  in  the 
city  a  oomplett;  company  of  men  ready  to  obey  his  orders. 
At  one  time  the  situation  of  the  city  became  really 
alarming,*  and  Claiborne  wrote  to  Colonel  Sparks,  who 
was  in  command  of  the  United  ^tes  troops  in  the  Mis* 
sissippi  Territory,  to.  have  additional  companies  of  regu- 
lars sent  down  to  !£^ew  Orleans.    These  disturbances' 
had  happened  during  the  absence  of  Claiborne,  who  had  ' 
been  on  a  visit  to  the  County  of  Opclousas.  He  speedily 
returned,  and,  on  the  31st  rf  Augui^  he  wro^  to  tli#  - 
Secretary  of  State  that  the  city  was  quiet,  '^buV'  Mid». 
he,  '^  we  have,  however,  to  lament  the  residence  amon^- 
us,  and  particularly  in  this  oit^jr,  of  a  xmmber  of  aban->3 
doned  individuals  who  render  the  greatest  vigilanoe  on  ^^ 
the  part  of  the  pdice  essential  to  t^  j  general  safety.  ^^ 
Among  those  individuals  are  many  persons  who  have 


S.'  ■■'■ 
■■.'■J. 


■  .•!? 


Cft 


.•?»':■,  > 


m  ■ 


HSi 


m 


■'■Mi'. 


a. 


i 


n^S!">>vlV';-''   ^"•.■■■ 


'Cj. 


)!•  tji'A':,;.;  ,.'..''.f;'  „ 
In.  '  L    ■■',■   •■•■  ••«■*•,'■;• 


1  i . 


.>:^f.^; 


-.-••«;•, 

".•f--; 


[I  '^^ >>  •.*    ■•       .  .'  *     ■•» 

l«yt''i  ■■<'      ' "  '•  '  ft  V*- 
fyi.      •!»  ■   •■--'»'■,   ■ 


198 


CLAIB0£3fJC   OIT  TUB  OITIL  LAW. 


[1808. 


destu*ted  the  servicti'of  Spfun,  or  fled  from  the  punish- 
ment wkksh  awaited  their  crimes." 

The  ''  Digest  of  the  Civil  Laws"  having  at  last  been 
printed  andit^being  ready  for  delivery,  Claiborne  sent  a 
copy  of  it  to  every  Paiish  Jndge,  with  this  circular, 
dated  on  the  22d  of  October  :*  *^  Previous  to  tho  receipt 
of  this  letter,  there  jwill  have  been  delivered  to  you  a 
copy  of  the  '  l!>igest4)f -ths  Civil  Laws.*  It  being  under- 
stoq^  by  our  courtis  of  justice  that  the  principles  of  the 
civil  law  (except  in  tsrimiual  cases)  were  in  force  through- 
out the  Territory,  it  became  expedient  to  place  them 
before  the  public.  Heretofore,  few  citizens  had  a  knowl- 
edge of  the  civil  law.  It  was  spread  over  innumerable 
volumes^  and  was  for  the  most,  part  wiitteu  in  a  language 
which  few  could  read.  The  uncertainty  of  the  law  was 
a  source  of  great  embarrassment,  not  only  to  private  in- 
dividuals) but  to  the  magistrate  who  was  to  administer 
it.  By  the  adoption  of  the  digest  one  desirable  object 
is  at  least  effected  The  laws  are  rendered  more  certain, 
and,  if  in  their  operation  they  ^ould  be  found  ui^ust, 
the  Legislature  will,  I  am  persuaded,  lose  no  time  in 
making  the  necessary  amendments. 

,  ^  Indispensable  as  (under  existing  circumstances)  has 
been  the  adoption  *of  the  'Digest/ it  will,  nevertheless, 
(£»#uspect)  be  much  censured  by  many  native  citiir.enH 
of  >the  United  States  who  reside  in  the  Territory.  From 
piinciple  and  habit  they  are  attached  to  that  system  of 
jiurisprudjei^e  prevailiBg  in  the  several  States  under 
wbidii  themselves  and  their  fathers  were  reared.  For 
n^self,  I  am  free  to  declaire  the  pleasure  it  would  give 
m^tit  see  the  laws  of  Orleans  assimilated  to  those  of  the 
States  generally,  not  only  from  a  conviction  that  such 
laws  are  fctt'  the  most  port  wise  itnd  just,  but  from  the 

*  EzMutitil  Jotuaal,  p.  806,  toL  8. 


ciples 


1808.] 


CLAIBORNE   ON  THE  OITIL   LAW. 


199 


opinion  I  entertain  that  in  a  country  where  a  unity  of 
government  and  interests  exists,  it  is  highly  denrable  to 
introduoe  throughout  the  same  laws  and  customs.  We 
ought  to  recollect,  however,  the  peculiar  oircumstances 
in  which  Louisiana  is  placed,  nor  ought  we  to  be  un- 
mindful of  the  reipcet  due  the  sentiments  and  wishes  of 
the  ancient  Louisianians  who  compose  so  gn  at  a  propor- 
tion of  the  population.  Educated  in  a  belief  of  the  ex- 
cellencies of  the  civil  law,  the  Louisianians  have  hitherto 
been  unwilling  to  part  with  them,  and,  while  we  feel 
ourselves  the  force  of  habit  and  prejudice,  we  should  not 
be  surprised  at  the  attachment  which  the  old  inhabi- 
tants manifest  for  many  of  their  former  customs  and  local 
institutions.  The  general  introduction,  therefore,  into 
this  Territory  of  the  American  laws  must  be  the  effect 
of  time }  the  work  of  innovation  must  progreei  slowly 
and  cautiously,  or  otherwise  much  inconvenience  will 
ensue,  and  serious  discontents  will  arse  among  a  people 
who  hav«  the  strongest  claims  iipoc  ihe  justice  and  the 
liberality  olphe  American  Government.  '  > 

"I  fear  you  will  continue  to  experience  difficulty  in 
the  faithful  discharge  of  your  official  duties.  The  aver- 
sion of  the  andent  Lcmibianians  to  ovo"  courts  of  justice, 
and  particulaiiy  theip»  dislike  of  laivyers,  1^  mut^ual 
jeakntsy  hetw%eA  ihe  Freaoh  and  American  population, 
togeth^  with  tiie>  great  diedike  of  the  latter  ta  the  prin- 
ciples of  the  civil  law  (which  will  for  the  present  be  your 
guidie)  eannoi  ^ul'  to  rwider  your  situatioi  unpleasant. 
But  I  must  pray  yon  to  persevere  in  your  honest  «id- 
deavori  to  render  the  €bvemment  oooqatable  to  the 
peoplef 'And  to  administer  ^  laws  with  justice' and  in 


n 


mercy 
hi  relation  to  the  adoption  of  the^^*  Digest  of  Lawf'  by 

the  Territorial  Legislature,  Judge  Martin,  whose  opinion 
on  the  subject  is  entitled  to  so  much  authority,  remarks 


■v'V 


■  ■ .  .'ii 

'."^4. 

^>- 
•'.■■•) 


I >\,  S      ' 

I 

."feu 


r  ■ 


h.-^.  ■'•,.-•:  ;''-^;. 


,V' 


■■••H  ■,>'.■!   •",    '.•;■/   - 

.,  t.'  ««    *   .    '-  -         *        f  *#•  ,"•.         ' 

ii'-:r   ',.*■••■  ■■.  ■  r- 


200 


REFLEOnOWS   ON   THE  OIVIL  LAW. 


[1808. 


in  his  History  of  Louisiana  i*  "  Although  the  Napoleon 
Code  was  promulgated  in  1804,  no  copy  of  it  had  as  yet 
reached  New  Orleans ;  and  Moreau  lidet  and  Brown 
availed  theo^ielves  of  the  project  of  that  work,  the  ar* 
rangement  of  which  they  adopted,  and,  mukitui  mviamdu^ 
literally  transcribed  a  considerable  portion  of  it.  Their 
conduct  was  certainly  praiseworthy ;  for,  although  the 
project  is  necessarily  much  more  imperfect  than  the  code, 
it  was  far  superior  to  anything  that  any  two  individuals 
could  have  produced  early  enough  to  answer  the  expec- 
tations of  those  who  employed  them.  Their  labor 
would  have  been  much  more  benefieial  to  the  people 
than  it  has  proved,  if  the  Legislatuie  to  whom  it  was 
submitted  had  given  it  their  sanction  as  a  system,  in- 
tended to  stand  by  itself,  and  be  construed  by  its  own 
context,  by  repealing  all  former  laws  on  matters  acted 
upon  in  this  Digest. 

"•  Anterior  laws  were  repealed  so  far  only  as  tSiey  were 
contrary  to,  or  irreconcilable  with,  any  of  the  provisions 
of  the  new.  This  would  have  been  the  ca||||»  if  it  had 
not  been  expressed. 

*'  In  practice,  the  work  was  used  as  an  incomplete  di* 
gest  of  existing  statutes  which  still  retained  their  em^ 
pii-e ;  and  their  exceptions  and  modifications  were  held 
to  affect  several  clauses  by  which  former  principles  were 
absolutely  stated.  Thus  the  people  found  a  decoy  in 
what  was  held  out  as  a  beacon. 

''The  Fuero  Yi^o,  Fu^ro  Jusgo,  Portidos,  Recopila> 
clones,  Leyes  de  las  Indiaa,  Autos  aiocordados  and  Royal 
Schedules  remained  parts  of  the  written  law  of  the  Ter- 
ritoiy^  when  not  repealed  espfesaly,  or  by  a  neoesaavy 
implication. 

''  Of  these  musty  laws  the  copies  were  extr^ndy  sore. 

•  Miurtin'B  HlitMj  of  LooblMM,  p.  Ml,  vol.  S. 


I 


i8oe 

A  o 

one, 
intl 

•»■'': 

suite 

tatoj 

the! 

Poth 

"C 

the  J 

trona] 

necee^ 

caseM 

the  ji 

indulg 

gollerj 

ed,  an( 

their  o 

All  W€ 

the  ar| 
they  fiJ 
could." 
MLiln  tl 
Couple 
so  divi 
Americ 
that   0 
His  ap] 
trony  h 
icons,  01 
borne  oi 
LouisioB 
borne 
one  of 
"As  rel 


re. 


18Q8.] 


PBOOEEDnrOS  IN   OOUBTB. 


A  complete  oolleotion  of  them  was  in  the  hands  of  no 
one,  and  of  very  many  of  them,  not  a  single  copy  existed 
in  the  province. 

^*To  explain  them,  Spanish  oommentators  were  con* 
suited,  and  the  corpus  juris  dvilis  and  its  own  common* 
tatora  were  resorted  to ;  and  to  eke  out  any  deficiency, 
the  lawyers  who  came  from  France  or  Hispaniola,  read 
Pothier,  D'Aguesseau,  Dumoulin,  etc. 

<<  Courts  of  Justice  were  lornished  with  interpreters  of 
the  French,  Spanish  and  English  languages.  These 
translated  the  evidence  and  the  charge  of  the  court  when 
necessary,  but  not  the  arguments  of  the  counsel.  The 
case  was  often  opened  in  the  English  language,  and  then 
the  jurymen  who  did  not  understand  the  counsel  were 
indulged  with  leave  to  withdraw  from  the  box  into  the 
gallery.  The  defence  being  in  French,  they  were  recall* 
ed,  and  the  indulgence  shown  to  them  was  enjoyed  by 
their  companions  who  were  strangers  to  that  language. 
All  went  together  into  the  jury-room — each  contending 
the  argument  he  had  listened  to  was  conclusive,  and 
they  finally  agreed  on  a  verdict  in  the  best  manner  they 
could,"  ■nr'^'^'""*»'* 

In  the  month  of  November,  the  oommunily^of  Pointe 
Couple,  an  important  settlement,  had  gradually  become 
so  divided  into  parties,  and  the  jealousy  between  the 
American  and  Creole  population  had  become  so  mtense, 
that  Claiborne  endeavored  to  allay  the  excitementi^ 
His  appointment,  as  sheriff,  of  an  individual  named  Pe* 
trony  had  been  a  cause  of  great  diseontent  to  the  AmeM 
icans,  or  rather  to  the  >'  modem  Louisianians,*'  as  Clai«^ 
borne  called  them  in  contnidistiBotion  to  the  '^  ancient 
LouisianianSb"  In  the  hope  of  restormg  harmony,  Clai- 
borne wrote  in  the  fcdlowing  strain  to  Charles  Morgan, 
one  of  the  most  pNminent  citizens  of  Pointe  Couple : 
"  As  relates  to  the  Sheriff,  Mr.  Petrony,  I  can  only  s*y 


mm 


f.*i:» 


/ 


202 


AVKR6I0N   TO   MILITIA   DUTY. 


fl808. 


that  he  oamc  well  recommended  to  me,  as  a  man  o.  aon- 
esty,  probity  and  good  demeanor.  The  circumstance  of 
his  not  having  been  born  *  an  American*  it  not  consid- 
ered an  objection  to  him.  I  certainly  feel  for  my  coun- 
trymen, the  native  citizens  of  the  United  Htates,  a  sincere 
and  ardent  attachment,  nor  is  it  possible  for  me,  in  any 
situation,  or  under  any  circumstances,  to  be  nigust  to- 
ward them.  But,  in  my  official  character,  I  can  ac- 
knowledge no  other  distinction  between  the  inhabitants 
of  the  Territory  who,  by  birth,  or  the  treaty  of  cession, 
are  entitled  to  the  rights  of  citizenship,  than  personal 
merit.  In  making  appointments,  therefcn'e,  I  have  been 
desirous  to  select  the  most  worthy  and  the  most  capable, 
keeping  in  view  the  expediency  of  dividing  the  offices  as 
near  as  may  he  between  the  ancient  and  modem  Louisi- 
anians,  as  one  means  of  lessening  the  existing  jealousy 
and  distnist  between  these  two  descriptions  of  citizens." 
This  occurrence  shows  a  state  of  feeling  which  was 
almost  universal  in  the  Territory.  £(0  nno  dvsce  omnes. 
A  quota  of  militia  having  been  required  of  the  Terri- 
tory by  the  President  of  the  United  States,  which  were 
preparing  for  an  anticipated  war,  Claiborne  wrote  to  the 
Secretary  of  State  on  the  29tth  of  December:  ^I  hope 
and  believe  that  the  number  called  for  may  be  obtained 
by  voluntaiy  enlistment;  but  I  nevertheless  perceive 
a  reluctance  on  the  ocoasioB,  which  mortifies  me  exceed- 
ingly. It  arises,  on  the  part  of  the  Creoles,  ftx>m  an  ap- 
prehension that  they  may  probably  bo  ordered  out  oi 
the  Territory,  and' on  the  part  of  the  native  Americans, 
from  a  fear  leet  they  may  be  placed  under  the  command 
of  officers  of  the  regular  army ;  fOid  tb^de  impressions 
are  much  encouraged  by  the  opinions  and  discourse  of 
a  wretched,  dis<$ontented  £M!tion  (composed  principally 
of  the  partisans  of  Burr)  /which  bas  so  long  infested  thip 
Territory.'' 


'.''■I'r'.'V      I    '. 


1808.]  NEGROES   RUNNII^O    AWAT  TO   TEXAS. 


203 


Ever  8iiir<  the  cesHiou  of  Louisiana  to  the  United 
States,  grout  lostieg  had  been  exporieuoed  by  the  iuha>> 
itaij  tfl  of  thoHe  parts  of  the  Territory  which  bordered  ou 
Spanish  possessions,  and  principally  on  Texas,  in  conse- 
quence of  the  frequent  flight  of  negroes  who  ran  away 
from  their  masters,  and  resorted  to  the  protection  of  a 
foreign  flag,  under  which  they  were  induced  to  believe 
that  Iheir  condition  would  be  improved.  This  had  given 
rise,  ever}'  year,  to  a  long  correspondenoe  between  Clai- 
borne and  the  Spanish  Governors,  but  no  satistactor}- 
result  had  been  obtained,  so  that  the  discontent  in  Lou- 
isiana grew  every  day  greater  as  to  this  state  of  things, 
and,  on  the  14th  of  December,  Doctor  Sibley,  of  Natchito- 
ches, wr  te  to  Governor  Claiborne :  "  Nothing  important 
baa  occurred  here  lately  aiuoe  tho  desertion  of  about 
thirty  ne^jpoes ;  things  cannot  long  remaiu  in  this  state ; 
it  would  be  better  (the  people  say)  for  them  to  be  undei- 
the  Government  of  Spain  than  thus  situated.  How  long 
their  allegiauoe  to  our  Govenuaent  will  remain  without 
protection,  I  know  not.  Th»  negroes  were  furnished 
with  Spanish  oookadee  at  Naoogdoohei,  a  dance  given 
them,  and  since  they  have  been  ouirched  off  to  the  Trin- 
ity Biver,  singing  'Long  li^e  Ferdinand  the  Seventh.' Mu 

■«■ 


) ;  ;•  « 


,>mi 


■ii 


% 


■h    Ai 


•r, 

M 

i.  ■  * 
>\ 

'   >  a 

■'i,.' 


■  7# 


|4 


^1J 


«2 


I* 

'1^ 


IPS 

\W''-- 

1  #  H 

lfe?fe: 


U.'^ 


i.ik,^nSy.  m 


CHAPTER  V. 


Claiborne's  admintstration — arrival  ofmaxt  emigrants  from 
bt.  domingo —- terrible  epidemic  among  the  u.  8.  troops  — 
fort  baton  rouge  taken  by  insurgents  —  the  state  op  west 
florida  —  negroes  smuggled  into  louislina  —  annexation  of 
west  florida  to  the  united  states. 

''^'  180&— 1810.  «^ 


...^,, 


l«^.:\:K 


a-ft'!! 


*: 


^ . .  ^    ^i'- ,    'n.      . 


f ',  V  -:•:  si},,  -■^;' 


•I 


7'^<.r 


As  time  progressed  and  the  prospect  of  war  increased, 
Claiborne  became  more  anxious  about  the  organization 
of  the  militia,  and,  in  a  communication  sent  to  the  Secre- 
tary of  State  on  the  1st  of  January,  he  expi:essed  his 
views  on  the  subject  as  follows :  "  The  militia  here  is  an 
inefficient  force.  Mv  best  and  inc^sant  exertions  to 
introduce  order  and  discipline  have  been  attended  with 
but  little  success.  They  are,  moreover,  badly  armed,  and, 
indeed,  in  case  of  an  attack,  the  negroes  are  so  numerous 
in  the  settlements  on  the  Mississippi,  that  it  might  be 
dangerous  to  draw  a  considerable  detachment  of  militia 
to  any  one  point.  I  have  no  reason  to  believe  ^at  the 
great  body  of  the  people  of  the  Territory  are  otherwise 
than  friendly  to  the  American  Government.  I  do  fear, 
however,  that  unless  supported  by  a  strong  regular  force, 
they  would  not,  in  case  of  attack,  manifest  that  patriotic 
ardor  in  defence  of  the  country  which  is  essential  to  its 
preservation.  You  are  not  uninformed  of  the  very  hete- 
rogeneous mass  of  which  the  society  in  New  Orleans 
is  composed.  England  has  her  partisans  ;  Ferdinand  the 
Seventh  some  faithful  subjects ;  Bonaparte  his  admirers  j 

(204) 


$ 


1809.] 


» 


CLAIBORKl!  OK  PUBLIC  SCHOOLS. 


205 


and  there  is  a  fourth  description  of  men  oomm«ily  called 
BwriteSy  who  would  join  any  standard  which  would 
promise  rapine  and  plunder.  There  are,  nevertheless, 
many  virtuotis  ciUeenSy  in  whose  honesty  and  patriotism 
1  fully  confide,  and  with  a  respectable  regular  force 
around  which  to  rally,  they  would  prove  themselves 
worthy  of  reliance  in  the  hour  of  danger. 


fs; 


"  New  Orleans  could  not  afford  to  an  European  power 
the  booty  which  was  found  at  Copenhagen ;  but  in  these 
rapacious  days,  the  vast  sums  of  money  known  to  be  de- 
posited in  the  two  banks  of  this  city,  together  with  the 
quantity  of  cotton,  etc.,  here  stored,  may  present  a  lure  too 
tempting  to  be  resisted ! " 

Returning  to  the  subject,  he  said  to  the  Secretary  of 
War  on  the  10th  of  January  :*  "  In  order  to  comply 
with  the  President's  late  requisition,  I  have  given  ordors 
for  a  draft.  In  New  Orleans  no  companies  have  yet 
volunteered  their  wrvices.  This  circumstance  mortifies 
me  exceedingly.  But  I  still  flatter  myself  that,  in  the 
interior,  more  patriotism  may  be  displayed." 

The  Legislature  of  the  Territory  having  resumed  their 
annual  session^,  Olaibome,  when  informed  that  they  were 
refidy  to  proceed  to  business,  sent  his  message  on  the 
14th  of  January.  In  that  document  he  informed  them, 
with  regret,  that  the  act  to  provide  for  the  means  of 
establishing  public  schools  in  the  parishes  of  the  Territo- 
ry, which  they  had  passed  at  their  last  session,  was  not 
likely  to  produce  the  desired  effect ;  that,  in  the  Parish 
of  Pointe  Couple,  provision  had  been  made  for  the  sup- 
port of  two  or  more  public  schools,  but  that  the  other 
parishes  did  not  seem  disposed  to  imitate  so  worthy  an 
example.    "I  have  observed  with  pleasure,"  said  he, 

*  Execntiye  Jonnial,  p.  SO,  rol.  4 


m 

k'r. 

M 
ml-'. 


.1 
■  1 


^'f'^:> 


•■.-.1,;.     ■  ■■■■>•   I  ,     ■  .^  -i  If  t 

■..»'it,'-* 


.ilk'' '■'■■■'   <^U' 


^-■m 


.';^K 


:i&i;. 


i:."^: 


r.v. 

•  ■!  »    kta.     ■  ■■   -J"   1. 


.",1    <•  '>ifi  -li.';  •  ;:  *»'►< 
'•.■  fc,.«    -;A.    ■■  v..  •/:•;  ^-•- • 


;'»»KUi''Vj: 


■1 


206        CRIMINAL  JUraSPBUDENCE  AND  PUlflSHMENTS.    [1809. 

"  that  schools  for  private  instraction  have  of  late  greatly 
increased,  and  that  fathers  of  families  seem  impressed 
vrith  the  importance  of  educating  their  offspring.  The 
instruction  of  our  children  in  the  various  branches  ot 
science  should  be  accompanied  with  every  effort  to  instill 
into  their  minus  principles  of  morality ;  to  cherish  their 
virtuous  propensities ;  to  inspire  them  with  ardent  pa- 
triotism, and  with  that  spirit  of  laudable  emulation, 
which  *  seeks  the  esteem  of  fOfAeriby  for  good  cmd  vvrtuous 
aotions,^  Youth  thus  reared  into  life  become  the  pride 
of  their  parents,  the  ornaments  of  society,  and  the  pillars 
of  their  country's  gloiy." 

Passing  to  another  subject  of  considerable  importance, 
he  observed, "  Your  criminal  jurisprudence  requires  revis- 
ion. Punishments  are  not  proportioned  to  crimes,  and, 
in  some  cases,  offenders  are  imprisoned  for  life,  whose 
reformation  might  probably  be  effected  by  a  less  rigor- 
ous suffering.  The  jail  of  New  Orleans  is  the  common 
receptacle  for  convicts  sentenced  to  hard  labor.  But  no 
means  being  pointed  out  for  their  emploj-ment,  these  un- 
fortunate victimH  of  the  law  herd  together  in  idleness, 
until  their  vices  become  contagious.  Their  support, 
moreover,  is  a  serious  charge  upon  the  Treasury,  so  much 
so  that  a  view  to  political  economy  has  had  an  influence 
in  pardoning  offenders  whose  claims  for  mercy  were  verj' 
doubtful.  For  these  and  other  considerations,  which 
will  readily  occur,  you  will  be  convinced  of  the  expedi- 
ency of  erecting  a  Penitentiary  House,  and  of  prescribing 
such  rule^  for  its  internal  police  as  may  be  best  calculat- 
ed to  reclaiiu  the  wicked  and  dissolute.'"" 

deferring  to  the  hostile  attitu(te  taken  by  foreign  pow- 
QV6  against  the  United  States,  Claiborne  thus  stimulated 
the  patriotism  of  the  Legislature :  *'  At  this  epoch,  when. 

*  jEbFeeiirtiye  JpvnuJ,  p.  97,  y<4.  4. 


;,...( 

''.'. 


.f«*fv./ft. 


1809.] 


GLAIBOBNE    ON   FOB^ON   BELATIOKS. 


207 


►w- 


what  are  termed  the  civilized  nations  of  Europe  vie  in 
aets  of  atrocity  with  the  .piratical  States  of  Barbtu*y,  a 
people^  to  hope  for  safety,  must  be  armed  and  united. 
The  Government  of  the  United  States  has  made  repeated 
efforts  to  restore  an  amicable  intercourse  with  England 
and  France.  Nothing  has  been  demanded  of  the  bellig- 
erents which  the  immutable  principles  of  justice  did 
not  san^ction;  no  conduct  of  theirs  was  objected  to  but' 
such  as  was  in  violation  of  our  rights  as  a  free  and  in- 
dependent people.  The  language  of  remonstrance  and 
complaint  has  been  exhausted,  and  our  wrongs  remain 
unredressed.  There  seems  to  be  no  alternative  but  war, 
or  a  continuance  of  the  embargo,  iidvert  to  the  history 
of  the  American  nation  from  the  commencement  of  its 
existence  to  the  present  day !  What  triumphs  have  been 
achieved  I  What  examples  of  fortitude,  of  firmness,  of 
prudence  have  been  afforded!  A  national  character  ac- 
quired by  the  blood  of  heroes,  and  maintained  by  the 
wisdom  of  iUustrious  statesmen,  must  and  will  be  pre- 
served. Our  honor  wUl  never  be  sullied  by  receiving 
the  commands  of  France;  nor  our  independence  pros- 
trated by  paying  tribute  to  Great  Britain.  The  embargo 
imposes  privations,  which  a  magnanimous  people  will 
cheerfully  bear.  vEt  may  be  the  means  of  avoiding  still 
greater  ills.  But,  however  things  may  eventuate,  whether 
in  inevitable  wai*,  ^  honorable  peace,  the  good  citizens 
of  this  Territory  will  unite  hand  and  heart  in  the  sup- 
port of  the  Government  and  in  the  d^ence  of  their 
country." 

In  their  reply,  the  Legislature  said  to  Olaibome :  ■*■  Tell 
the  Federal  Government  that  the  Louisiai^ns,  proud 
to  belong  ta  the  great  family,  are  ready  to  vie  in  zeal,  in 
efforts  and  in  saerifioes  for  the  defence  of  iheh  country.^'* 


•»it,;«i; 


*  Bzeenttv*  Jommal,  t>.  4t,  T(d.  4 


■.i-T>i^i.  'ixi^Jh.   V 


•■;?^ 


■iX    f^ 


i 


\f^ 


■4mM 

'1 


Ct. 


208 


SUBUENDER    OF   RUNAWAY   NEGROES. 


[1809. 


180 


•• . ' 


*>' 


In  transmitting  these  sentiments  to  the  Secretaiy  of  State, 
Claiborne  observed :  "  This  answer  may  be  considered  as 
conveying  the  political  sentiments  of  the  great  majority 
of  the  people  of  the  Territory.  Indeed,  Sir,  the  Louis- 
ianians  are  becoming  every  day  more  attached  to  the 
American  Government,  and  I  am  persuaded  that,  when 
the  occasion  serves,  they  will  prove  themselves  worthy 
members  of  the  American  family.  I  have  nevertheless 
to  regret  the  residence  among  us  of  some  foreigners, 
faithful  friends  of  England,  of  Spain  and  of  France,  and 
the  existence  also  of  a  faction  in  New  Orleans  (the  rem- 
nants of  Burrism)  whose  object  is  to  embarrass  the  ad* 
ministration  and  to  efcite  discontents.'"  ^^ 

In  the  mean  time,  Governor  Claiborne  succeeded  at 
last  in  obtaining  from  Salcedo,  the  Governor  of  Texas, 
the  surrender  of  some  of  the  negroes  who  had  fled  to 
that  province.  This  circumstance,  being  calculated  to 
prevent  the  recurrence  of  an  evil  which  had  been  of  so 
long  duration,  gave  great  satisfaction  in  Louisiana.  Clai- 
borne assured  Salcedo  that  a  like  conduct  would  be  pur- 
sued in  relation  to  such  slaves  as  might  fly  from  their 
Spanish  masters  and  take  refuge  in  the  Territory  of  Or- 
leans, and  he  informed  him  that,  in  order  that  no  diffi- 
culty whatever  might  arise,  the  Legislature  had  enacted 
a  special  law  on  the  subject,  a  copy  of  which  he  trans- 
mitted to  him.  "  Your  Excellency,"»!8aid  he  to  Salcedo, 
"  will  recognize  (I  trust)  in  the  provisions  of  this  law 
those  just  and  liberal  principles  which  should  always 
characterize  the  intercourse  between  neighboring  and 
friendly  governments." 

Julian  Poydras,  a  very  wealthy  planter  of  Pointe 
Ooup^e,  who  was  avowedly  ^iendly  to  the  general  and 
local  administration,  was,  much  to  Claiborne's  gratificar 
tion,  elected  by  the  Territorial  Legislature  a  delegate  to 
Congress  for  the  ensuing  two  years.    This  was  the  more 


sati 
Nei 
to  a 
ruar 
that 
oipa] 
ever 
per  < 
toth 
(like 
Strang 
belou 
gover 
imprei 
UDanii 
and  I 
Orlean 
'  On 
crowde 
hundri 
dred 
son,  th< 
The  nu 
the  pu 
modati< 
expensi 
In  th 
ish  of  i 
between 
pinasse, 
into  iwe 
and  bAu 
These  ti 
both  Fr< 
by  Poyd 


n 


••  :i*«i' 


1809.] 


ABBIYAL   OF   UNITED   STATES  TROOPS. 


209 


satisfactory  to  Olaiborne  from  the  fact  of  there  being  in 
New  Orleans  a  pretty  strong  party  opposed  to  him,  and 
to  all  his  friends  and  supporters.  On  the  13th  of  Feb- 
ruary, Claiborae  had  informed  the  Federal  Government 
that  there  was  in  the  city  a  base  faction,  composed  prin- 
cipally of  Bumtes  and  Fnglishmen,  who  were  making 
every  exertion  to  excite  disunion  and  disorder.  "  A  pa- 
per called  La  Lanteme  Magiqv^J'*  said  he, ''  is  devoted 
to  their  views,  and  I  much  fear  that,  among  a  people 
(like  the  Louisianians)  who  are  still  for  the  most  part 
strangers  to  our  government,  laws  and  language,  the  li- 
belous publications  which  wickedly  appear  against  the 
government  and  its  officers  will  make  some  unfavorable 
impressions.  The  Legislature,  however,  are  almost 
unanimous  in  approving  the  measures  of  Government, 
and  I  am  happy  to  add  that,  without  the  city  of  New 
Orleans,  little  or  no  dissatisftiction  is  expressed." 

On  the  26tli  of  March,  New  Orleans  was  becoming 
crowded  with  United  States  troops.  More  than  fourteen 
hundred  of  them  were  then  in  the  city,  and  several  hun- 
dred more  had  entered  at  the  Balize.  General  Wilkin- 
son, their  commander,  was  tidily  expected  frt)m  the  Noi'th. 
The  number  soon  amounted  to  about  two  thousand,  and 
the  public  Barracks  not  being  sufficient  Ibr  their  accom- 
modation, many  of  the  companies  were  comfortably,  but 
expensively,  quartered  in  different  parts  of  the  city. 

In  the  month  of  April,  Claiborne  went  up  to  the  Par- 
ish of  Pointe  Ooup^e  with  the  view  of  allaying  a  feud 
between  the  Parish  Judge,  Dormenon,  and  L'Abb^  Les- 
pinasse,  the  Parish  priest,  whidi  had  divided  the  citizens 
into  two  factions  greatly  embittered  against  each  other, 
and  almost  (Meposed  to  engage  in  a  petty  dvU  war. 
These  two  leaders  of  the  two  contending  parties  were 
both  Frenchra^  by  birtk  The  former  was  supported 
by  Poydras,  the  delt^te^eet  to  Congress,  and  a  major- 
14 


M 


■  4w 


m 


\m 


210 


VIOLENT   l-'EUDS   IN   POINTE  COUPiE. 


[1801). 


:'.!,(J;/vVi 


"■'.'';  -'■■J'  '-I't! '  ■;  !«•'• 


.  I, J    • 


ity  of  the  planters  of  the  Parish.  The  latter  was  patron- 
ized by  a  few  respectable  Creole  families,  by  almost  all 
the  women,  and  by  some  native  Americans  who  had  re- 
cently emigrated  to  the  Parish.  The  Judge  and  his  par- 
tisans wished  the  removal  of  the  Parish  Priest;  the 
Abb^  and  his  friends  desired  the  dismissal  of  the  Jud^^e. 
"  My  powers,"  said  Claiborne  to  the  Secretary  of/  State, 
"  did  not  permit  me  to  act  in  either  case,  and  my  incli- 
nation led  me  to  take  no  other  notice  of  the  dispute  than 
to  advise  all  parties  to  preserve  good  order,  and  to  add 
that  any  breach  of  the  public  peace  would  be  noticed  by 
the  civil  authority.  The  Sheriff  of  the  District  is  said  to 
be  so  friendly  to  the  Judge  as  to  evidence  great  partiality 
in  the  selection  of  jurors,  and  a  great  clamor  has  been 
raised  against  him.  This  cause  of  complaint,  which  I 
believe  to  be  not  altogether  unfounded,  shiall  be  removed 
so  soon  as  I  can  find  a  capable  and  honest  man,  indiffer- 
ent to  both  parties,  willing  to  accept  the  office?  I  should 
be  at  no  loss  to  select  an  individual  from  among  the  citi- 
zens of  Pointe  Couple,  both  honest  and  capable.  But 
they  have  so  generally  taken  part  in  this  contest,  that  it 
will  be  advisable  to  appoint  as  sheriff  some  person  who 
has  not  heretofore  resided  in  tjje  Parish."  This  incident, 
insignificant  in  itself,  but  not  an  exceptional  one,  is  de- 
serving of  notice,  as  illustrating  the  curious  social  condi- 
tion then  existing  in  the  Territory. 

In  such  a  social  condition,  Claiborne  had  soon  found  out 
that,  among  his  manifold  duties,  the  most  delicate  and 
disagreeable  was  that  of  appointing  to  office.  He  in- 
formed the  President  that,  to  conciliate  the  population 
generally,  and  indeed  to  be  just  to  the  old  inhabitants, 
he  was  bound  to  fill  a  portion  of  the  offices  of  honor  and 
profit  with  those  whose  native  language  was  French. 
"  But,"  said  he  to  the  Secretary  of  State,  "  this  policy 
is  much  censured  by  some  of  my  tellow-oitizens,  and 


1809. 


'-r 


1809.] 


ADMISSION  nrro  the  union  demanded. 


211 


made  a  cause  of  opposition  to  my  administration.  You 
will  find  inclosed  a  list  of  the  most  important  civil  and 
military  officers  of  the  Government,  and  in  which  are 
noticed  the  several  places  of  nativity.  I'rom  this  list 
you  will  find  that,  if  there  is  any  favoritism,  it  is  toward 
native  Americana.^ 

The  Legislature,  in  their  last  session,  had  adopted  a 
memorial  to  Congress,  the  object  of  which  was  to  obtain 
the  early  admission  of  the  Territorj'^  into  the  Union  as  a 
member  of  the  Confederacy,  on  the  same  footing  with 
the  ori^nal  States.  This  memorial  was  transmitted  by 
Claiborne  to  the  Secretary  of  State  at  Washington  on 
the  18th  of  May,  but  with  a  letter  which  he  wrote  in 
opposition  to  their  wishes,  and  which  is  too  interesting 
a  document  not  to  be  reproduced  here  at  length.* 

"I  am  not  from  principle,"  said  he,  "an  advocate  for 
Territorial  systems  of  government,  nor  during  my  agency 
in  their  administration  have  I  experienced  so  much  satis* 
faction,  as  to  have  created  a  personal  bias  in  their  favor ; 
but  it  really  seems  to  me  that  the  system,  as  it  relates  to 
this  District,  catinot  yet  be  done  away  without  hazarding 
the  interest  of  the  United  States,  and  the  welfare  of  this 
community.  I  can  bear  testimony  to  the  good  intentions 
and  amiable  character  of  a  minority  of  the  inhabitants, 
to  their  industrious  habits,  to  their  obedience  to  the 
laws,  and  growing  attachment  to  the  Amenoan  Govern- 
ment ;  but  they  nevertheless  are  not  prepared  for  self- 
government  to  the  extent  solicited  by  the  Legislature. 
The  Government  of  the  Territory  in  its  present  shape  is 
with  some  difficulty  administered ;  and  as  much  power  has 
been  vested  in  the  people  as  is,  for  the  present,  likely  to 
be  used  with  discretion.  Our  population  is  a  mixed  one, 
and  composed  of  very  discordant  materials ;  the  mass  ci 


*  Executive  Journal,  p.  83,  vol.  4. 


pS 


.y. 
4V 


■iff: 


.'■■'» 
'■'  .1 

■•i 


I. 


m^ 


i.'i 

^M^ 


■m 


•14*^- 


t'.*#aft.ir..v,v;'.'..'r,  . 


I  ?*•■■;'■• 


212 


CENSUS   OP   INHABITANTS. 


[1800 


the  inhabitants  still  entertain  strong  prejudices  in  favor 
of  their  ancient  1p;Ws  and  usages,  and,  should  the  imme- 
diate control  of  the  General  Government  over  this  Ter- 
ritory' be  withdrawn,  those  great  principles  of  jurispru- 
dence, so  much  admired  in  the  United  States,  would  not 
meet  here  that  patrona  '^e  which  the  general  interest  would 
require. 

"  In  1806,  a  census  of  the  inhabitants  of  this  Territory 
wa?  taken,  and  I  believe  with  great  accuracy.  There  were 
then  52,998  souls,  of  which  23,574  were  c<laves,  and  3,355 
free  people  of  color,  leaving  a  white  population  of  26,069 ; 
of  these  at  least  13,500  are  natives  of  Louisiana,  for  the 
most  part  descendants  of  the  French ;  about  3,500  natives 
of  the  United  States,  and  the  residue,  Europeans  generally, 
including  the  native  French,  Spaniards,  English,  Geimans 
and  Irish. 

'^  I  have  no  document  which  enables  me  torstate  with 
certainty  the  number  of  the  several  descriptions  of  persons 
composing  the  white  population.  But  the  above  is,  I 
am  sure,  very  near  correct.  Since  the  year  1806,  the 
emigration  has  not  beeu  considerable ;  it  may  have  given 
UB  an  increase  of  between  three  and  four  thousand  free 
persons,  two-thirds  of  whom  are  native  Americans.  But 
it  is  understood  that  m^y  of  the  unfortunate  people 
lately  banished  fr^m  Cuba  will  seek  an  asylum  in  this 
Territory,  and  thait,  in  a  few  weeks,  the  French  popula- 
tion may  receive  an  addition  of  several  thousand. 

'^  The  memorial  met  with  considerable  opposition  in 
the  House  of  BepresentativiBs,  and,  on  its  final  passage, 
tlie  votes  were  eleven  in  the  affirmative  and  ueven  in  the 
negative.  I  much  doubt  whether,  if  a  questwn  as  to  the 
eq/Fly  reception  of  the  Territory  into  th^  Union  as  a  State 
was  submitted  to  the  people,  there  would  be  found  a 
majority  in  its  favor.  Of  one  fact  I  am  assured — ^that  a 
great  majority  of  the  native  citizens  of  the  United  States 


1800. 

resid 
of  th 
versa 
influe 
pr&ye 

chosen 
were  c 
tnarmt 
might 
not  fa 
tfie  tm 
were  cu 
that  no 
^e  acco? 
noticed, 
f(se  of  t) 
ed  whetl 
matters 
^vere  ju< 
moreove 
people; 
(ierstooc 
often  net 
tions  has 
more  thj 
persons 
Assembl 
hitherto 
however 
ed  the  po 
"Onti 
partment 
naents  as 
majority  ( 
House  of 


r  • 


1800.] 


OPPOSITION  TO   STATE   Gv.      ^BNMENT. 


213 


residing  hero  are  agaftist  the  measure,  as  are  also  many 
of  the  native  Louisianians.  J  was  the  other  day  in  con- 
versation on  the  subject  with  a  very  respectable  and 
influential  planter,  and,  among  other  objections  to  the 
prayer  of  the  memorial,  he  stated  that  the  time  was  ill- 
chosen  /  that  when  the  Spanish  possessions  in  owr  vicinity 
were  on  the  eve  of  a  revolution^  and  we  hnew  not  in  what 
rnarmer  the  United  States,  and  this  Territory  in  particular, 
might  be  affected  by  the  war  now  raging,  the  period  was 
not  favorable  for  organizing  a  State  Government:  that 
t/ie  taxes  already  imposed  by  the  Territorial  authorities 
were  as  great  as  the  people  could  conveniently  meet,  and 
that  no  change  was  for  the  present  desirable,  which  would 
be  accompanied  with  an  accvmulation  of  expenses.  He 
noticed,  also,  the  negligence  of  his  fellow-citieens  in  mahing 
use  of  the  privilege  already  conferred  on  them,  and  doubt- 
ed whether  they  were  yet  sufficiently  informed  on  political 
matters  to  conduct  a  State  Government.  These  remarks 
were  just.  The  time  is  indeed  illy  chosen.  There  is, 
moreover,  a  want  of  information  among  the  body  of  the 
people ;  the  rights  of  the  citizen  are  not  generally  un- 
derstood, and  his  duties  (more  particularly  politicial) 
often  neglected.  The  apathy  which  prevails  at  our  eleo- 
tions  has  been  remarkable.  In  counties  where  tWe  are 
more  than  two  hundred  voters  there  are  instances  of 
persona  being  returned  as  Representatives  to  the  General 
Assembly  by  a  leisser  number  than  thirty  suffrages,  and 
hitherto  it  has  seldom  happened  that,  at  any  election, 
however  contested,  a  majority  of  the  voters  have  attend- 
ed  the  polls. 

"  On  transmitting  a  copy  of  this  memorial  to  the  I>6- 
partmenij  of  State,  I  hi>:e  to  regret,  Sil*,  that  my  sentir 
ments  as  to  its  object  should  not  accoi*d  with  those  of  a 
majority  of  the  members  of  the  Legislative  Council  and 
House  of  Representatives,  for  whose  integrity  of  char- 


J. 


Jr. 

4 


1  A , 


"•U-,  ■■•.•>•  .  ;.■...'. :»!.'»'. ■',«««' 


mm 


mkM 


S3 


m 


!"v,.  \^'~'.-^.  :k]^;.\  ■ 

if     (,-  ■■■'  \     ■■.  ,»,V:>.':  '.  - 

'■-.>--,-v.::^^.t. 


214 


FBENCII   KMIOBATION   FBOM  CUBA. 


[180U. 


acter  I  feel  the  highest  respect,  mid  in  whose  good  in- 
tentious  I  fully  confide.  But  whilst  my  judgment  assures 
me  that  it  would  at  this  time  Le  inexpedient  to  admit 
this  Territory  into  the  Union  as  a  member  State,  I  should 
be  wanting  in  duty  were  I  not  to  suggest  the  necessity 
of  amending  the  ordinance  of  Congress  of  1787,  which 
lias  been  extended  to  the  Territory  of  Orleans,  and  more 
specially  as  relates  to  our  Supreme  Judiciary.  I  believe, 
also,  that  an  increase  of  the  members  of  the  Legislative 
Council  *  would  meet  the  interest  and  wishes  of  the 
citizens." 

The  revolution  of  St.  Domingo  had  caused  a  French 
emigration  into  the  island  of  Cube,  and  the  ruthless  in- 
vasion of  Spain  by  France  was  the  cause  of  another  exodus 
of  those  same  refugees,  who  sought  in  Louisiana  an  asylum 
which  was  denied  them  in  the  country  where  they  had 
become  objects  of  h»\*^^ied  and  suspicion.  Inrthe  month 
of  June,  many  of  those  emigrants  had  already  arrived 
in  New  Orleans,  some  with  their  slaves  and  with  what- 
ever other  property  they  could  bring  with  them,  and 
others  utterly  destitute.  The  negioes,  having  been  intro- 
duced in  violation  of  law,  were  seized,  but  it  was  thought 
to  be  one  of  those  hai'd  cases  when  humanity  required  that 
the  law  should  be  permitted  to  sleep,  or  at  least  that  it 
should  not  be  strictly  and  rigorously  enforced.  It  was 
supposed  that  Congress,  being  appeaJed  to,  would,  from 
sympathy  for  the  fugitives,  modify  the  law  so  as  to  per- 
mit them  to  retain  what  was  with  most  of  them  their 
only  means  of  securing  a  livelihood  in  their  new  home, 
and  would  not  deprive  those  who  had  been  twice  thti 
victims  of  an  adverse  fate,  of  the  few  remaining  wrecks 
of  their  former  fortimes.  Acting  in  ctmformity  with 
this   spirit  of  compassion,  and  in  anticipation  of  the 


*  Thej  were  only  fire  In  number. 


* 


1800. 

expe 

ment 

"1 

quest 

June, 

con/a 

passe 

porta 

Cuba, 

the  fiu 

respec 

bond, 

Territi 

that  t 

held  s 

fbrthco 

NewO 

positio] 

or  his 

gress 

direct. 

• 

"In 

groes, 
then  be 
will  gi\ 

office 

hire  to 

Two 

tary  of 

"lam 

have  mm 

be  foun 

adhered 

measure 


as 


1800.] 


FBENCH   EMIORATION   FBOM   CUBA. 


m 


expected  course  to  be  pursued  hy  the  Federal  Govern- 
ment, Claiborne  wrote  to  the  Mayor  of  New  Orleans : 

**  The  Collector  of  the  District  of  Orleans  having  re- 
quested mo  by  a  letter  bearing  date  on  this  day,  19th  of 
June,  to  name  some  persons  to  whom  he  may  deliver, 
conformably  to  the  proviaiona  of  the  act  of  Oongresftj 
passed  on  the  2d  da/y  of  Marchy  1807,  to  proh'hit  the  im- 
portation of  slaves,  certain  negroes  arriving  here  from 
Cuba,  I  must  beg  you  to  have  the  goodness  to  receive 
the  same,  and  to  place  them  in  the  possession  of  their 
respective  owners,  provided  they  previously  enter  into 
bond,  with  sufficient  security  to  the  Governor  of  the 
Territory  and  his  successors  in  oifice,  with  a  condition 
that  the  negroes  so  placed  in  their  possession  shall  be 
held  subject,  and,  at  all  times  after  ten  days'  notice,  be 
forthcoming  at  the  office  of  the  Mayor  of  the  City  of 
New  Orleans,  there  to  abide  such  further  and  other  dis- 
positions as  the  Governor  of  the  Territory  of  Orleans, 
or  his  successors  in  office,  or  the  President  and  Con- 
gress of  the  United  States  may  think  proper  to  make  or 
dii'ect.      .         .         .         .         .         .         .         .- 


I 

v.* 

'til' 

J ; 


■m- 


■i^^ 

''^i 
*^4 


■   m 


'tiJ 


the 


1 

'*  In  the  event  that  there  be  any  persons,  claiming  ne- 
groes, who  cannot  give  the  security  required,  you  will 
then  be  pleased  to  hire  the  negroes  to  some  citizen  who 
will  give  the  necessary  surety  for  their  delivery  at  your 
office  as  aforesaid,  and  to  pay  over  the  proceeds  of  the 
hire  to  the  respective  owners," 

Two  days  after,  Claiborne  communicated  to  the  Secre- 
tary of  State  what  he  had  done  in  this  matter,  and  said, 
^'  I  am  not  certain.  Sir,  that  the  temporary  diaposition  I 
have  made  of  these  poor  people  will,  upon  investigation, 
be  found  correct.  The  letter  of  the  law  may  not  have  been 
adhered  to.  But,  under  all  circumstances,  I  trust  the 
measures  I  have  already  directed  will  be  approved.   The 


N 


C4 


♦  >•  ..►    ■■•■  ■    ■.•.?::.   r»f-i'  .  ■ 

••-,•.:,.«.»».;:...  '-..'•■■('if    • 


If  '•"■■'  \    -  ',  ■.■•,■."•, 


Il 


i  St 


216 


FKENCH   BMIG  (ATIOK   FBOM  CUBA. 


[1800. 


case  is  a  peculiar  one.  It  was  not  anticipated  by  the 
Government,  and  may  not  perhaps  be  conuidered  as  hilly 
provided  for  under  the  acts  of  Congress.  The  emigration 
of  the  French  from  Cuba  was  compulsory,  and  their  mis- 
fortunes, under  the  general  law  of  uations,  recommend 
them  to  thA  greatest  indulgence.  An  accredited  agent 
of  the  United  States,  the  Consul  of  St.  Yago,  had  more- 
over encouraged  them  to  hope,  as  appears  from  his  letter 
to  me,  that  in  their  peculiar  8ittiati(m,  tJie  Govemmenty 
as  regards  the  sla/ves,  may  have  the  power  and  the  inclina- 
tion to  grant  tJiem  some  relief  from  the  precise  rigor  of 
established  statutes^  and  in  this  expectation  they  entered 
the  waters  of  the  Mississippi.  Of  the  Avretched  condition 
of  these  unfortunate  eiciles  I  am  well  assured.  The  en- 
closed petition  from  them  is  calculated  to  awake  the 
sympathy  of  all  who  can  feel  for  private  distress. 

"  The  vessels  coming  from  Cuba  with  slaves  are  all 
under  seizure,  and  detained  to  the  great  loss  of  the 
owners.  These  vessels  are  American  and  Spanish 
bottoms,  and  I  have  been  assured  by  the  several  captains, 
that  had  not  the  feelings  of  humanity  induced  them,  of 
their  own  accord,  to  bring  away  the  exiled  French,  the 
Spanish  authorities  would  have  forced  them  to  do  so. 

"  Several  other  vessels  from  St.  Yago  have  entered  at 
the  Balize  v/ith  passengers,  but  I  am  not  infoimed  of 
theii*  numbers,  rhe  French  already  arrived  here  are 
represented,  for  the  iiost  part,  to  be  men  of  fair  charac- 
tera  and  industrious  habits.  The  great  majority  of  the 
people  of  color,  emigrating  hither,  are  women  and  chil- 
dren ;  and  the  negroes  who  have  been  introduced  arc  said 
to  consist  of  faithhil  domestics,  who  have  adhered  to  the^r 
meaters  in  all  the  vicissitudes  of  their  fortunes,  and  of  a 
few  Africans  purchased  by  the  French  during  their  resi- 
dence in  Cuba." 

These  emigrants,  whose  suflferings  entitled  them  to  so 


1800.] 


CLAIBOBNB  AXD  TH£  FBKNOII  BMIORANTrt. 


217 


much  sympathy,  and  even  to  indulgence,  if  they  had 
needed  it,  for  inipit>priety  of  behavior,  for  persifrteucy  in 
defective  habits,  or  for  the  conapiouousneas  of  morale  not 
entirely  iree  from  blame,  did  not  find  favor,  however, 
with  tome  of  those  at  whose  doors  they  were  knocking 
for  hospitable  reception.  For,  on  the  18th  of  July, 
Claiborne  wrote  to  the  Secretary  of  State :  "  Considerable 
exertions  have  been  made  and  are  now  making,  through 
thb  medium  of  a  paper  called  the  New  Orleans  Oaaette^ 
to  excite  prejudices  against  those  unfortunate  Htranger«^ 
and  to  impress  society  with  an  opinion  that  my  condv 
in  relation  to  them  and  their  slaves  has  been  in  direc! 
opposition  to  the  laws  and  the  best  interests  of  I: 
United  States.  Accordi..g  to  the  newspaper  writtio, 
those  strangers  are,  very  generally,  men  of  the  basest 
character,  who,  for  the  last  few  yeara,  have  committed 
many  wanton  and  cruel  depredations  on  the  commerce 
of  the  United  States,  and  their  stay  in  the  Territory 
would  endanger  its  peace  and  safety. 

"  For  myselfj  Sir,  I  would  have  prefeiTed  that  the  space 
ii.  our  community  which  Ihese  emigrants  have  filled,  had 
been  occupied  by  native  citizens  of  the  United  States. 
But  T  really  see  no  cause  for  that  uneasiness  and  alarm 
whi<^  have  been  expressed.  There  are,  doubtless, 
among  them  some  worthless  individuals.  But,  upon 
inquiry,  I  find  that  the  great  migority  are  men  of  fair 
reputations  and  industrious  habits,  who  deserve  a  greater 
portion  of  happiness  than  has  heretofore  been  allotted  to 
them.  As  regards  myself,  the  newspaper  abuse  is  a 
matter  of  no  consequence.  Assured  of  the  rectitude  of 
my  conduct,  and  that  the  President  will  not  condemn 
me  unheard)  I  bid  defiance  to  my  enemies.  But  as  re- 
gards the  strangers  whom  misfortune  has  thrown  upon 
our  shores,  I  am  sorry  to  find  them  so  much  abused ;  it 
can  only  tend  to  less^  the  gratitude  for  the  asylum 


Hi 


I 


i';?: 

% 


"'Si 


\ 

,••' 


'Mi 


i& 


■Tt^u*  k jLjfff Jib"  1 


i.1 


I  ■■•,  ,.'"V 


■*iv>;,i."  r•••^yrj- 
.1 


«■.• 


218 


CLAIBORNE  AND  THE  FBENCH  EMIGBANTS. 


[1809. 


afforded  them.  There  are,  certainly,  many  excellent 
Americans  who  are  dissatisfied  with  so  considerable  a 
foreign  population.  But  the  persons  the  most  noisy  on 
the  occasion  are  those  who  participate  in  all  the  Spanish 
and  English  resentment  against  the  French  nation,  and 
of  whose  breasts  prejudice  has  taken  such  complete  pos- 
session as  to  extinguish  all  sense  of  feeling  for  private 
distress."  * 

Notwithstanding  the  hostility  shown  to  them  by  a 
portion  of  the  population  of  Louisiana,  the  flood  of  emi- 
grants had  continued  to  pour  in,  and  on  the  18th  of  July, 
their  number  amounted  to  5,754,  of  whom  1,798  were 
white  people,  1977  free  colored  and  black,  and  1,979 
slaves. 

Referring  to  this  subject,  Claiborne  said  to  the  Secre- 
tary of  State  on  the  29th  of  July :  "  These  trials,"  (allud- 
ing to  the  trials  of  some  Frenchmen  on  the  charge  of 
piracy,)  and  the  newspaper  publications  in  whieh  the  refu- 
gees from  Cuba  are  represented  as  the  basest  6f  men,  and 
dangerous  to  the  tranquillity  of  the  territory,  have  pro- 
duced here  a  great  share  of  agitation.  The  foreign 
Frenchmen  residing  among  us  take  great  interest  in  fa- 
vor of  their  countrymen,  and  the  sympathies  of  the  Cre- 
oles of  the  country  (the  descendants  of  the  French),  seem 
also  to  be  much  excited.  The  native  Americans  and  the 
English  of  our  society,  on  the  contrary,  with  some  few 
exceptions,  appear  to  be  prejudiced  against  these  stran- 
gers, and  express  great  dissatis&ction  that  an  asylum 
in  this  territory  was  afforded  them.  I  have  endoa* 
vored  to  impress  reflecting  men  with  the  propriety  of 
observing  moderation  in  their  language  and  conduct. 
But  we  have  here  many  warm,  rash  individuals,  whose 
imprudent  expressions  aid  considerably  the  views  of  a 

*  Executive  Joomal,  p.  118,  vol.  4 


':^. 


1809.] 


OLAIBOENE   CHECKING   IMMIGRATION. 


219 


few  base  characters  whose  sole  object  is  to  produce  con- 
fusion, and  who  seize  on  every  oppwiiunity  to  bring  into 
contact  the  discordant,  materials  of  which  this  commu- 
nity is  composed."* 

Although  strongly  sympathizing  witb  the  French  re- 
fugees, Claiborne  thought  it  prudent  to  check  that  kind 
of  immigration,  and  wrote  as  fo^ows  to  Mi*.  Anderson, 
the  American  Consul  at  Havana.  "  The  reftigees  from 
Cuba  who  have  arrived  in  this  territory  have  experien- 
ced the  most  friendly  hospitality.  But  their  number 
is  becoming  so  considerable  as  to  embarrass  our  own 
citizens,  and  I  fear  they  will  not  be  enabled  much  longer 
to  supply,  as  fully  as  they  would  wish,  the  wants  of  these 
unfortunate  strangers.  You  will,  therefore,  render  a  ser- 
vice to  such  of  the  French  as  may  not  have  departed  from 
Cuba,  by  advising  them  to  seek  an  a&ylum  in  some  other 
district  of  the  United  States. 

"  As  regards  the  people  of  color  who  have  arrived 
here  &om  Cuba,  the  women  and  children  have  been  re- 
ceived, but  the  males  above  the  age. of  fifbeen  have,  in 
pursuance  of  the  Territorial  Law,  been  ordered  to  de- 
part. I  must  request  you,  Sir,  to  make  known  this  cir- 
cumstance, and  also  to  discourage  &ee  people  of  color, 
of  every  description,  from  emigrating  to  the  Territory  of 
Orleans.  We  have  already  a  much  greater  proportion  of 
that  description  than  comports  with  the  general  interest." 
He  addressed  the  same  lettw  to  Maurice  Rogers,  United 
States  Consul  at  St.  Yago  de  Cuba.  But  tke  colored  peo- 
ple who  had  been  ordered  to  depart  contrived  to  evade 
the  order,  and  remained  in  New  Orleans,  where  they 
have  left  a  numerous  posterity.  Even  othera  of  the 
same  claa^  subsequently  amyed,  and,  notwithstanding  a 
show  of  opposition,  were  permitted  to  glide  into  a  quiet 
residence  in  the  territory. 

t  Exeentive  JooAuJ,  p.  131,  to].  4. 


I^" 


>i. 


■'■wm 


220 


ARRIVAL   OF  TOO   MAITT   STRANGERS. 


[1809. 


mi 
,1^ 


"it' 


i*.*:! 


i!;^;- 


The  perturbed  state  of  the  world  at  that  time  was 
the  cause  that  many  individuals  whose  condition  became 
unsettled  were  looking  round  for  places  where  they 
could  better  their  fortunes,  and  not  a  few  of  t^em  were 
daily  arriving  in  New  Orleans  from  almost  every  quar. 
ter  of  the  horizon  which  embraced  the  civilized  portion 
of  the  earth,  and  particularly  from  Jamaica,  Gruadeloupe) 
and  the  other  West  India  Islands.  British  aggressions 
and  conquests  in  those  regions  had  disposed  many  of 
their  French  inhabitants  to  seek  for  refuge  elsewhere. 
"  At  all  times,"  said  Claibome  to  the  Secretary  of  State, 
on  the  4th  of  November,  "the  utmost  vigilance  on  the  part 
of  the  officers  of  Government  in  this  Territory  is  essen» 
tial,  but  it  is  particularly  so  at  the  present  period,  when 
so  many  strangers  are  daily  arriving  among  us,  of  whom 
many  are  of  doubtful  character  and  of  desperate  for- 
tunes, and  many,  probably,  would  become  willing  in«^ 
struments  in  the  hands  of  those  unprincipled,  intriguing 
individuals  who  would  wish  to  disturb  the  peace  and 
union  of  the  American  States.  That  there  are  such  in-' 
dividuals  in  this  territory  I  have  long  since  known,  and 
I  have  no  reason  to  believe  that  their  hostility  to  the 
interests  of  the  United  States  has  in  the  least  abated."     * 

In  consequence  of  the  steady  tide  of  emigration  which 
was  flowing  towards  Louisiana,  chiefly  from  the  chores' 
of  San  Domingo,  Cuba,  Jamaica,  and  Guadeloupe,  house 
rent  in  New  Orleans  and  the  price  of  jH-ovisions  had 
become  so  extravagantly  high  1;iiat,  in  the  month  of  No*'; 
vember,  families  who  had  but  Himted  resources  began  toi 
And  them  drawing  to  an  end,  and  the  number  of  tho^ 
poor  and  destitute-  were  daily  augmenting.* 

It  has  already  been  stated  that,  iii  the  month  of  May, 
about  two  thousand  troops  of  the  United  States  had* 


IT'''-     ■'"•    ■■<..' -'^y-    ■''• 

Uikj' >■■;■■••■■;  ■      ■'•;-  • ' 

mJm-i' ...         ■  ^^\ 


*  Executive  Journal,  p.  19t,  Vol.  4. 


?-:' 


1800.] 


SICKNESS   AMONG   THE   U.    8.   TROOPS. 


221 


been  concentrated  in  New  Orleans.  General  Wilkinson, 
who  was  their  commander,  had  arrived  in  that  city  from 
the  North,  on  the  19th  of  April,  after  having  stopped 
at  Havana  and  Pensaoola.  Immediately  after  his  retuiii, 
h«  reeonnoitered  the  country  around  New  Orleans  in 
search  of  a  spot  from  which  the  ti'oops  might  readily  be 
brought  into  action  in  case  of  an  attack,  and  where 
they  might  in  the  meanwhile  enjoy  as  much  health  and 
comfort  as  the  climate  would  allow.  His  choice  fell  on 
an  elevated  piece  of  ground  on  the  left  bank  of  the  Mis- 
sissippi, about  eight  miles  below  the  city,  near  the  point 
where  the  road  leading  to  the  settlements  of  Teire  aux 
Boeufs  leaves  that  whi«h  runs  along  the  river.  A  large 
detachment  -was  sent  to  Terre  aux  Boeufs  to  make  the 
necessary  preparations,  and  the  rest  of  the  troops  gradu- 
ally followed.  'On  the  18th  of  May,  seven  hundred  non- 
commissioned officers  and  privates  had  assembled  at 
that  spot.* 

They  had  hardly  been  three  weeks  encamped,  when 
the  most  peremptory  order  from  the  department  of  war 
was  received  by  Wilkinson,  Meeting  him  to  embtirk  his 
whole  force  immediately,  leaving  only  sufficient  garri- 
sons at  New  Orleans  and  Fort  St  Philip,  and  to  proceed 
to  higher  grounds  in  the  tear  of  Fort  Adams  and  of 
Natchez,  and  by  an  equal  division  of  his  men  to  form  an 
encampment  at  those  localitii6S.f 

From  the  difficulty  of  procuring  boats  and  from  other 
circumfiftaiioei,  the  troops  did  not  begin  to  ascend  the 
riv^  4)ef<M*e  the  l^th  of  September.  Their  progress 
lasted  forty-seven  days,  during  which,  out  of  nine  hun- 
dred and  tMrty^^ve  isen  who  embfffked  ais  hundred 
and  thirty-dight  were,  i^k,  and  two  hundred  and  forty 
died. 

*  Martin's  History  of  Ix>TiisiMia,  p.  994,  vol.  3. 
- 1:  f  Martin's  Hiatoiy  of  LovVdana,  p.  89$,  vol.  8. 


■/'tU! 


■^'. 


■i. 


?;•. 


-'mm 


■  ■■'!( 


I  a 


wt 


"!.'';^^-'.'^-'''>V-'"    ■•■■■■■'•■■■  •■^■'' 


•     "it!. 


•',  I  "r 


I 


i 


•  i 


i 


M'<' 


'•j^-'^^'  %r. 


''.'; 


if'-; 


••  '*•  ■••'.V   ov-lu... •,.%:.«. 


•  I,:-.;..  _■ 


[.'■.,.,:,■..    J?  -IV.:-  ... 


s;r--:^.^^:^';iS3^ 


I:  ■:,- 


1- « .' 


222 


MORTALITY    AMONG   THE   U.   S.   TROOPS. 


[1810.' 


It  is  sad  to  relate  that,  of  the  nineteen  hundred  and 
fifty-three  regulars  who  had  been  sent  to  New  Orleans 
seven  hundred  and  ninety-live  died,  and  one  hundred  and* 
sixty-six  deserted,  so  that  the  total  loss  was  almost  one- 
half  of  the  whole.  The  greatest  sickness  was  in  the 
month  of  August,  when  five  hundred  and  sixty-three 
men  were  on  the  sick  list.* 

This  disaster  produced  a  profound  sensation  in  the 
United  States,  and  a  great  clamor  arose  against  Wilkin- 
son, who  had  already  been  so  long  suspected  of  being  in 
the  pay  of  Spain,  and  to  whose  misconduct  his  opponents 
attributed  what  had  hiappened  on  this  occasion.  So  loud 
was  the  hue  and  cry  against  him,  that  James  Madison^ 
who  had  succeeded  Jeflferson  as  President  of  the  United 
States,  thought  proper  to  call  him  to  the  seat  of  Govem- 
raent  to  justify  himself^  and  General  Wade  Hampton 
was  appointed  to  take  the  command  in  his  place. 

1810.  Claiborne,  in  the  annual  message  which  he  de- 
livered at  the  opening  of  the  session  of  the  Legislature, 
in  January,  1810,  complimented  them  on  the  new-born 
interest  which  the  people  of  the  Territory  had  exhibited 
in  the  recent  elections  for  members  of  their  body. 
"  Their  indifference  on  former  occaBions,"  he  said,  "  to  the 
right  of  suffrage  was  cause  for  serious  concern.  It  was 
apprehended  that  such  apathy  Would  in  the  end  prove 
injurious  to  their  best  interests.  But,  by  the  recent  re- 
turns from  the  several  counties,  it  is  apparent  that  the 
body  of  the  people  are  becoming  sensible  of  the  import- 
ance of  the  elective  ft-anchise  and  that  its  exercise  is 
justly  considered  to  be  a  duty."  Ke  further  observed, 
that  the  embarrassments  to  comtneree  necessarily  result- 
ing frbm  the  (^ndition  of  the  foreign  relaHonis  of  the 
United  States  haring  diminished  ^he  value  of  most  of 

*  Martin's  Histbiy  of  Looisiana,  p.  296,  vol.  3. 


i:iii- 


1810.]         ENCOUBAGEMENT  TO  DOMESTIC  INDUSTRY.  223 

the  surplus  productions  of  the  Territory,  and  augmented 
considerably  the  price  of  all  articles  of  foreign  importa- 
tion, therefore  the  strongest  considerations  of  interest  in- 
vited the  Louisianians  to  the  exercise  of  a  prudent  econ- 
omy, and  to  seize  on  a  moment  so  auspicious  as  the  pres- 
ent, to  encourage  domestic  manufactures  and  to  l^^ssen 
their  dependence  on  a  foreign  market  for  articles  of  ne- 
cessity and  comfort. 

"  It  is  submitted  to  you,"  he  said,  "  whether  some  leg- 
islative encouragement  may  be  advisable.  To  what  ex- 
tent you  can  best  determine.  But,  were  only  an  honor- 
able premium  awarded  for  the  samples  of  cotton  and 
woollen  cloths  exhibited  from  the  different  Parishes,  it 
could  not  fail  to  produce  a  laudable  emulation.  I  have 
observed  in  the  prairies  of  Attakr  pas  and  Opelousas 
some  flocks  of  sheep  whose  fleece  appeared  to  me  to  be 
of  good  quality.  The  improvement  of  the  breed  of  that 
useful  animal  is  an  advisable  object.  In  climates  not 
very  dissimilar  to  that  of  this  territory  he  is  reared  to 
advantage,  and  I  am  persuaded  that,  with  due  care,  his 
welfare  will  be  equally  sure  in  our  extensive  western 
prairies.  The  Merino  sheep,  whose  wool  is  held  in  such 
high  estimation,  were  a  few  years  since  imported  into 
the  Atlantic  States,  and  promise  to  contribute  greatly  to 
their  real  wealth  and  convenience.  I  subm^  therefore, 
to  the  legislature  the  expediency  of  introducing  into  chis 
territory,  at  the  public  expense,  as  many  of  that  improve 
ed  breed  as  may  be  sufficient  to  make  the  experiment 
how  far  the  climate  is  adapted  to  their  pre  sperity.  The 
great  and  necessary  contumption  <^  woollen  manu&ctures 
in  this  territory  makes  it  important  that  we  should  ^rly 
resort  to  means  to  acquire  at  home  those  sui^lies  which 
we,  so  sparingly,  and  at  so  enhanced  a  price,  receive  f^om 
abroad,  and  of  which  resource,  it  is  probable,  we  may 
soon  in  a  greater  d^ree  be  deprived." 


i 


t* 


0m 


¥: 


■  I 

"4 


■  V.r- 


^?»f 


224 


THE  YELLOW  FE\yR  AND  HEALTH  LAWR. 


^!'H:<i*;'{^^^«-ii 


'i^y. 


& 


W 


i*.v 


m 


V'  ■''  ' ■ 


•«.■•■ 

■'■■'•'..'>■,■ 


ib!;r*"^'-:r 


It:.  '.vVAiM^:' 


f 


I.  :.  .       v-:.  >JJ'  i.,-^  ■ 


[1810. 


In  relatiun  to  the  administration  of  justice  he  judic- 
iously said :  •**  There  are,  doubtless,  necessarj"^  amend- 
ments which  may  occur  to  you,  but  I  trust  they  will 
not  be  numerous.  A  disposition  for  frequent  change  of 
judicial  systems  should  not  be  encouraged;  it  often 
proves  injurious.  Multiply  your  laws  and  they  become 
less  known — the  more  uncertain — and  th(^  citizen  finds 
it  better  to  endure,  than  to  seek  a  redress  for  griev- 
ances." 

In  consequence  of  the  frequent  ravages  of  the  YeUow- 
fever,  particularly  in  the  autumn  of  the  past  year,  he 
recommended  to  the  Legislature  the  policy  of  making 
"  some  general  health  laws  which  should  enforce  cleanli- 
ness, and  subject  the  shipping  entering  the  Mississippi 
to  those  quarantine  regulations  which  at  other  places 
had  proved  salutary.* 

In  a  communication  to  the  Secretary  of  the  Treasurj', 
bearing  date,  January  17,  Claiborne  recommended  that 
Congress  be  in^dted  to  make  some  appropriation  to  sup- 
port, under  the  direction  of  the  Territorial  Legislature, 
the  establishment  of  public  schools  in  the  Territory  of 
Orleans.  "  I  am  sorry,"  he  said,  "  to  observe  that  the 
education  of  the  youths  of  this  district  has  been,  and  is 
still,  greaily  neglected ;  nor  do  I  expect  ever  to  see  as 
liberal  f  »n  appropriation  for  public  schools  as  the  present 
state  of  this  society  demands,  unless  Congress  shall  deem 
them  objects  worthy  their  patronage^  Donations  have 
been  made,  I  believe,  by  Congress,  to  most  of  the  Terri- 
tories, vith  a  view  to  the  encouragement  of  education, 
and  I  ain  persuaded  a  like  generosity  wiU  be  observed 
toward  the  Territory  of  Orleans.  The  donation  I  re- 
coirmend  would  enable  the  Territorial  Legialature  im- 
meaiately  to  establish  seminaries  of  learning  in  the  sev- 

*  Executive  Joonial,  p.  S19,  tqL  4.  ■,::s!-;^_,^^,    ,  ,^    \<ftiy 


>n, 


sv- 


1810.] 


^    IfEOESSITY   OF   PUBLIC   EDUCATION. 


i225 


eral  counties,  yfhere  the  children  of  the  native  Louisiaoi- 
ans  and  the  native  Americans,  of  the  native  French- 
men and  the  native  Spaniards,  now  inhabiting  this  Ter- 
ritory, might  be  instructed  in  useful  knowledge,  and  tbe 
effects  of  whose  early  intercourse  and  friendship  would 
probably  be  Buch  as  to  induce  the  rising  generation  to 
consider  thensselves  one  people,  and  no  longer  to  feel 
that  jealousy  and  want  of  confidence  which  exists  among 
their  fathers."* 

This  jealousy  and  this  want  of  confidence  of  which 
Claiborne  complains  was  a  stumbling  block  in  the  way 
of  his  administration,  and  proved  to  him  a  constant 
source  of  trouble  and  anxiety,  as  may  be  seen,  from  his 
dispatch  t)f  the  23d  of  January  to  the  Secretary  of  State, 
to  whom  he  expressed  his  sentiments  in  these  terms : 
"  To  give  general  satisfaction  +o  the  inhabitants  of  this 
Territory,  among  the  several  descriptions  of  which  so 
much  jealousy  and  dislike  exists,  I  have  found,  impracti- 
cable. My  sole  object  is  now,  and  ever  has  been^  to  be 
just  to  them  all,  and  to  conciliate  as  much  as  possible 
the  minds  of  the  ancient  inhabitants  of  the  Territory  to 
the  American  Government.  As  one  means  of  doing  so, 
I  have  occasionally  invited  them,  in  common  with  tbe 
native  citizens  of  the  United  States,  to  partake  in  <  the 
administration  of  the  local  government.  I  Jiave  had  no 
reason  to  r^ret  this  policy,  and  I  hope  and  believe  that  it 
is  approved  by  the  President  of  the  United  States.  The 
ancient  inhabitants  (I  mean  the  natives  of  Louisiana^  or 
those  who  were  settled  here  previous  to  the  <:e8sion), 
possess  a  great  sbare  of  the  wealth  of  t\ie  Didtriet,  and 
of  course  pay  a  very  considerable  proportion  of  the  Te*- 
ritorial  tax.  To  exclude  them  from  a  partidipation  in 
the  affairs  of  tbe  Tenitoiy  would,  to  say  the  least  of  it, 
be  an  act  of  injustice. 

>  *BseeatiTeJoiinud,p.38S,  ▼oL4 
15 


?^ 


m 


m 


•i 


;-''V  v'.';^'-   *-i'M 


[.">■,>   II!-  *?f    •/ . 


226 


OLAIBOBNE   ON  PUBLIC   APPOINTMENTS. 


[1810. 


m 


W \-^:i',.\-  ^ -.s, fit. ■ 

'^'-;;':'-..f:;-!,'^:.>  i^;-';    . 


...v^^ 


"  From  tho  list  of  appointments  enclosed  you  will  find 
that,  next  to  the  native  Americans,  the  natives  of  Loui- 
siana enjoy  the  greatest  share  of  my  patronage.  Men 
who  were  born  in  this  country,  and  where  also  their 
fathers  are  entombed,  I  never  can  treat  as  aliens.  But 
my  mode  of  thinking  and  acting  has  made  me  some  bit- 
ter enemies.  Not  an  office  is  created,  or  becomes  vacant, 
but  the  number  of  my  foes  increases,  and  if  my  ^oice 
should  happen  to  fall  on  a  citizen  whose  native  language 
is  French,  I  am  immediately  charged  with  being  too 
friendly  to  French  interests." 
^.  Claiborne  also  informed  the  General  Government  tha*;, 

as  long  as  the  Floridas  should  remain  in  the  possession 
of  a  foreign  power,  f  !1  the  laws  prohibiting  thfe  importa- 
tion of  slaves  would  be  evaded.  "  It  is  confidently  re- 
ported," he  said,  *'  that  two  or  three  vessels  have  lately 
sailed  from  Pensacola  for  the  Coast  of  Africa,  and  design 
to  retui'n  with  a  cai^o  of  negroes.  These  will  be  carried 
to  the  rich  settlement  of  Baton  Rouge,  and  stUch  as  cannot 
be  sold  there  will  probably  be  conveyed  across  the  Mis- 
sissippi and  disposed  of  in  the  Territory  of  Orleans."* 

I  have  already  mentioned  that  Wade  Hampton  had 
succeeded  General  Wilkinson  in  his  military  command. 
Claiborne,  in  a  note  of  the  27th  of  January,  suggested  to 
him  the  expediency  of  leaving  at  New  Orleans,  as  a  gar- 
rison, three  or  four  complete  companies,  "  because,"  as  he 
remarked,  "  you  are  doubtless  advised  of  the  very  hece- 
rogeneous  mass  of  which  the  society  in  New  Orleans  is 
composed,  and  that  we  have  among  us  men  of  every  na- 
tion and  character.  Heretofore,  nothing  has  occurred  to 
threaten  the  public  peace.  But  with  a  population  so  mix- 
ed, and  becoming  more  so  every  day  by  the  press  cf  emi- 
gration from  Cuba  and  elsewhere,  I  must  confess  I  am  not 

•  Executive  Joornsl,  p.  387,  vol.  4. 


X-r.^ 


to 
ar- 
he 

3  18 

na- 
to 
ix- 

bmi- 
(not 


1810.] 


HOSTILITY  TO   CLAIBORNE   rN0R"«U8INO. 


227 


without  apprehensions  that  disorders  and  disturbances 
mav  rriso.  The  fi'ee-men  of  color,  in  and  near  New  Or- 
leans (iiicluding  those  recently  arrived  from  Cuba),  capa- 
ble of  carrying  arms,  cannot  be  less  than  eight  hundred. 
Theii'  conduct  has  hitherto  been  correct.  But  in  a  coun- 
try like  this,  where  the  negro  population  is  so  consider- 
able, they  should  be  caref^JiUy  watched.  Until  the 
militia  of  the  Territory  is  rendered  an  efficient  force,  I 
should  be  sorry  to  see  less  than  three  or  four  companies 
of  regular  troops  in  New  Orleans,  or  in  its  vicinity.  I 
have  not  been  wanting  in  efforts  to  better  the  condition 
of  the  militia.    But  many  obstacles  are  in  my  way." 

It  is  remarkable,  that  the  antagonism  which  in  -the 
Legislature  of  Louisiana  has  so  long  existed  between  the 
representatives  of  New  Orleans  and  its  vicinity,  and  those 
of  the  rest  of  the  country,  had  a  contemporaneous  origin 
with  the  formation  of  the  Territorial  Government ;  for,  on 
the  i7th  of  February,  Claiborne  informed  the  Secretary 
of  State  that "  the  Territorial  Legislature  was  still  in  ses- 
sion ;  that  a  great  difference  of  opinion  had  arisen  be- 
tween the  members  from  the  Western  counties  and  those 
from  New  Orleans  and  its  vicinity,  and  that  the  parties 
were  so  nearly  divided,  that  few,  if  any,  laws  of  general 
concern  would  probably  pass." 

In  the  mean  time,  the  opposition  to  Claiborne's  ad- 
ministration was  becoming  more  intense  on  the  part  of 
his  enemies,  and  the  Attorney-General  of  the  Territory 
thought  it  his  duty  to  institute  judicial  proceedings 
against  a  virulent  libel  which  had  been  published  against 
the  Executive.  On  being  informed  of  it,  the  Governor 
wrote  a  ver}'^  noble  letter  to  the  Attorney-General,  re- 
questing him  to  stop  the  prosecution.  "An  officer 
whose  hands  and  motives  are  pure,"  he  said,  "  has  noth- 
ing to  fear  from  newspaper  detraction,  or  the  invectives 
of  angry  and  deluded  individuals.    My  conduct  in  life  is 


:|| 


■m 


\n 


K.: 


•y&WM 


■J' 


n' . 


'T''  1(1  '■i.i  ',' 


,•  .IT'  ''.   -     ■     .. 

:.,'■<■■;>..•*;••■*',*-■  ■  I 

I  If?  ',.;^:">.V;,   I'    ■"•Xl.V.'i  V..r  J 

■,■,;;•  .V,;.     .-1  .!¥.'■  ,.         ' 

Lhv'  '..•      ■V,„.j'-L';-''..  : 

r>j, '  .  .,;■  •'.•.'.•   ,'•<•  '/-"  s 


..Vfc' 


;,?*:. 


228 


Claiborne's  noble  letter. 


[1810. 


the  best  answer  I  can  return  to  ray  enemies.  It  is  be' 
fore  the  public,  and  has  secured,  and  will,  I  am  certain, 
continue  to  secure  me  the  esteem  and  confidence  of  that 
portion  of  society  whose  approbation  is  desirable  to  an 
honest  man. 

"The  lie  of  the  day  gives  me  no  concern.  Neglected 
calumny  sooj^  expires ;  notice  it,  and  you  gi'atify  your 
calumniators  prosecute  it,  and  it  acquires  consequence ; 
punish  it,  and  you  enlist  in  its  favor  the  public  sympa- 
thy. The  liberty  of  the  press  is  all  important  to  a  free 
people ;  but  Its  licentiousness  in  the  United  States  has 
become  a  curse  to  my  country.  It  destroys  all  the  ben- 
efit, which  its  liberty  would  otherwise  produce.  The 
press,  in  former  days,  kept  bad  men  in  check ;  but  in 
these  times  its  denunciations  afford  no  evidence  of  de- 
merit, for  we  all  know  that  they  are  directed  as  well 
against  the  .virtuous  as  the  wicked.  Judicial  interference 
is  not,  in  my  opinion,  the  best  means  of  putting  down 
that  licentiousness.  It  can  alone  be  effectually  done  by 
the  people  themselves.  When  they  shall  think  proper 
to  withdraw  their  patronage  from  the  vehicles  of  slander, 
and  not  until  then,  will  the  libelers  of  the  laws  of  the 
Government,  its  officers,  and  honest  citizens,  disappear."* 

In  the  month  of  May,'  Claiborne,  having  obtmned  leave 
of  absence,  departed  from  New  Orleans  for  Baltimore, 
and  the  Government  was  left  in  the  hands  of  Th.  Boiling 
Robertson,  the  Secretary  of  the  Territory. 

On  the  6th  of  September,  Robertson  issued  the  follow- 
ing circular  to  all  those  whom  it  might  concern  in  the 
Territory :  "  You  have  no  doubt  heard  of  the  late  intro- 
duction of  African  slaves  among  us.  Two  cargoes  have 
been  already  smuggled  into  this  Territory  by  the  way 
of  Barataria  and  Lafourcho,  and  I  am  ftdly  convinced 


xni-r^-:*. 


K.^,  *  Executiye  Journal,  p.  252,  vol.  4. 


1810.]       SMUaOLlNO  OF  SLAVBS  AND  M£B0UAKDI8£. 


229 


ay 
led 


11*0111  a  variety  of  circumstances  which  have  come  to  my 
knowledge,  that  an  extensive  and  well  laid  plan  exists 
to  evade  or  to  defeat  the  operation  of  the  laws  of  the 
United  I  tates  on  that  subject.  The  open  and  daring 
course  which  is  now  pursued  by  a  set  of  brigands  who 
infest  our  coast,  and  overrun  our  country,  is  calculated 
to  excite  the  strongest  indignation  in  the  breast  of  ever)' 
man  who  feels  the  slightest  respect  for  the  wise  and  pol- 
itic irstitutions  under  which  we  live.  At  this  moment, 
upwards  of  one  hundred  slaves  are  held  by  some  of  our 
own  citizens  in  the  very  teeth  of  the  most  posi^ve  laws, 
and  notwithstanding  every  exertion  which  has  been 
made,  so  general  seems  to  be  the  disposition  to  aid  in 
the  concealment,  that  but  faint  hopes  are  entertained  of 
detecting  the  parties  and  bringing  them  to  punishment. 
Confiding  in  your  zeal,  I  have  thought  it  advisable  to 
state  to  you  my  impressions  on  this  alMmportant  sub- 
ject, and  to  call  upon  you  to  use  all  the  means  in  your 
power  to  give  efficacy  to  a  system  of  law  founded  on  the 
purest  principles  of  humanity  and  the  soundest  views  of 
enlightened  policy." 

It  is  true  that,  for  some  considerable  time  before  offi- 
cial notice  was  taken  of  the  fact,  smuggling  had  been 
carried  on  to  some  extent  in  relation  to  Africans,  and  as 
to  every  other  sort  of  merchandize,  to  an  immense  amount, 
not  only  through  Barataria  and  Lafourche,  but  also 
through  Bayou  Teche  in  Attakapas. 

In  the  neighborhood  of  Bayou  Sara  and  in  the  adja- 
cent country  there  was  a  large  settlement  of  native 
Americans,  who  resolved  to  avail  themselves  of  the  impo- 
tency  to  which  Spain  was  reduced  by  its  war  with 
France,  and  to  secure  their  political  independence.  Dur- 
ing the  summer,  having  obtained  the  assistance  of  their 
countrymen  who  dwelt  near  them  in  the  contiguous 
counties  of  the  Territory  of  Mississippi,  they  suddenly 


■  '^•''■'j 


il'    H 


230 


IIEKOISM   OF   LOUIS   OKANDPUU. 


[1810. 


i 


^ifl 


.a> 


ifll' 


flew  to  amiB,  emV>uLlied  tbemselvos  into  a  email  array  of 
innurgeutH,  aud  marched  on  Baton  llouge.  In  the  fort 
which  commanded  the  town,  DelassuH,  the  Spanish  Gov* 
ernor  of  the  district,  used  to  reside,  but  he  was  absent 
at '  the  time,  and  the  fort  had  been  lefl:  in  chai'ge  of  a 
youth,  Louis  Grandpre,  the  son  of  Carlos  de  Grandpr6, 
the  former  Governor.  Grandpre  had  under  him  only  a 
score  or  two  of  old  soldiers,  most  of  whom  were  cripples, 
and  the  fort  itself  was  in  such  a  condition,  that  it  would 
have  been  deemed  incapable  of  defence  by  any  military 
man.  Tlif  forces  by  which  Grandpr6  was  attacked  were 
so  overwhelming,  that  he  ought  to  have  surrendered 
rather  than  attempt  an  impossibility  and  fruitlessly  ex- 
pose his  own  life  and  that  of  the  corporal's  guard  he  had 
with  him,  but  he  had  received  no  instructions  to  meet 
the  case,  and  he  chivalrously  thought  that  he  was  not, 
under  any  circumstances  whatever,  to  give  up  what  had 
been  intrusted,  for  safe  keeping,  to  his  fidelity jind  honor. 
Therefore,  when  summoned  by  the  insurgents  to  lower 
his  flag,  he  resolved  to  die,  and  replied  in  the  negative. 
The  result  was  not  long  delayed ;  a  loud  shout  of  mu- 
tual encouragement  on  the  side  of  the  Americans,  a  sim- 
ultaneous rush,  and  they  went  pell-mell  into  the  fort. 
They  had  been  met,  sword  in  hand,  but  by  ^ne  single 
man,  and  he  alone  perished.  It  was  Grandpr^who  had 
thus  hopelessly  confi'onted  his  multitudinous  foes.  There 
was  no  defence  made  except  by  him,  and  it  is  to  be  re- 
gretted that  his  enemies,  being  hundreds  to  one,  had  not 
the  magnanimity,  or  the  opportunity,  to  spare  the  life  of 
this  young  hero.  4 

The  insurgents,  soon  after  their  success,  had  a  Convention 
which  pui'ported  to  be  composed  of  the  representatives 
of  the  people  of  West  Florida,  and  they  issued  a  decla- 
ration of  independence,  in  which  they  solemnly  made 
known  to  the  world  that  the  several  districts  constitu- 


fe- 


1810.] 


A  DEOLABATION  OF  IITDEPETa)ENCE. 


231 


ting  the  province  of  W(  t  Florida,  had  a«8uraed  the 
rank,  then  and  hereafter,  of  a  tree  and  independent 
State.  It  is  remarkable  that  in  this  document,  in  which 
they  give  their  reasons  for  operating  this  revolution,  they 
show  no  hostility  to  Spain,  but,  on  the  contrary,  take 
care  to  record  "  the  fidelity  with  which  they  had  professed 
and  maintained  allegiance  to  their  legitimate  sovereign, 
while  any  hope  remained  of  receiving  from  him  protec- 
tion for  their  property  and  their  lives."  They  seem  to 
have  been  solicitous  to  proclaim  that  they  had  not  taken 
arms  against  their  King,  for  whom  they  pr<»fes8ed  to 
have  always  entertained  an  inviolable  attachment,  which 
had  also  extended  to  Spain  as  the  parent  country^  whilst 
80  much  aa  a  shadow  of  legitimate  authority  remaiTied^ 
to  he  exercised  over  them.  Here  is  this  curious  document, 
signed  by  John  Bhea,  President  of  the  Convention,  and 
Andrew  Steele,  Secretarj',  on  the  26th  day  of  Sep- 
tember : 

"  By  the  Representatives  of  the  people  of  West  Florida, 
in  Convention  assembled : 

"A  Declaration. 

"  It  is  known  to  the  world  with  how  much  fidelity  the 
good  peod|d  of  this  Territory  have  professed  and  main- 
tained allegiance  to  their  legitimate  Sovereign,  while  any 
hope  remained  of  receiving  from  him  protection  for  their 
property  and  their  lives. 

"  Without  making  any  unnecessary  innovation  in  the 
established  principles  of  the  Government,  we  had  volun- 
tarily adopted  certain  regulations,  in  concert  with  our 
First  Magistrate,  for  the  express  puipose  of  preserving 
this  Territory,  and  showing  our  attachment  to  the  Gov- 
ernment which  had  heretofore  protected  us.  This  com- 
pact, which  was  entered  into  with  good  faith  on  our 
part,  will  forever  remain  au  honorable  testimony  of  our 


'  '■        7    I  ■■■.  ■•       •■;ii:\  ft  ',■< 

:.    •     ■■>'■'■•■■■.•■■'■  :,<<JL'  s^ 


/***.■■; 


ft 


'.*     ■  ''it  - 

.J     ..   ■!•■,• 


232 


A   DECLAEATION   OF  IWDBPBNpENOE. 


[1810. 


upright  intentions  and  inviolable  fidelity  to  our  King  and 
parent  country,  while  so  much  as  a  shadow  of  legitimate 
authority  remained  to  be  exercised  over  us.    We  sought 
only  a  speedy  remedy  for  such  evils  as  seemed  to  en^-f 
danger  our  existence  and  prosperity,  and  were  encour*"* 
aged  by  our  Governor  with  solemn  promises  of  assistance 
and  co-operation.    But  those  measures  which  were  in*: 
tended  for  our  preservation  he  has  endeavored  to  pervert 
into  an  engine  of  destruction,  by  encouraging,  in  the  most 
perfidious  manner,  the  violation  of  ordinances  sanctioned 
and  estabMshed  by  himself  as  the  law  of  the  land.  n 

"  Being  thus  left  without  any  hope  of  protection  from 
the  mother  country,  betrayed  by  a  magistrate  whose  duty 
it  was  to  have  provided  for  the  safety  and  tranquillity  of 
the  people  and  Government  committed  to  his  charge, 
and  exposed  to  all  the  evils  of  a  state  of  anarchy,  which 
we  have  so  long  endeavored  to  avert,  it  becomes  our 
duty  to  provide  for  our  own  security,  as  a  free  and  inde- 
pendent State,  absolved  from  aU  allegiance  to  a  Govern- 
ment which  no  longer  protects  us.  t 

"  We,  therefore,  the  Representatives  aforesaid,  appeal- 
ing to  the  Supreme  Ruler  of  the  world  for  the  rectitude 
of  our  intentions,  do  solemnly  publish  and  declare  the 
several  districts  composing  this  Territory  of  West  Flor- 
ida to  be  a  free  and  independent  State ;  and  that  they 
have  a  right  to  institute  for  themselves  such  form  of 
government  as  they  may  think  conducive  to  their  safety 
and  happiness ;  to  form  treaties;  to  establish  commerce; 
to  provide  for  their  common  defence ;  and  to  do  all  acts 
which  may,  of  right,  be  done  by  a  sovereign  and  inde- 
pendent nation;  at  the  same  time  declaring  all  acts, 
within  the  said  Territory  of  West  Florida,  after  this 
date,  by  any  tribunals  or  authorities  not  deriving  their 
powers  from  the  people,  agreeably  to  the  provisions  es- 
tablished by  this  Convention,  to  be  null  and  void ;  and 


•#• 


te: 


1810.] 


CONVENTIOJiir   OP   WEST  FLOBIDA. 


233 


calling  upon  all  foreign  nations  to  respect  this  our  dec- 
laration, acknowledging  our  indej)endence,  and  giving 
us  such  aid  as  may  be  consistent  with  the  laws  and 
usages  of  nations."* 

This  declaration  of  independence  was  transmitted  to 
the  President  of  the  United  States  with  the  utmost  speed, 
through  Governor  Holmes,  of  the  Mississippi  Territory, 
and  on  the  10th  of  October,  John  Khea,  the  President 
of  the  West  Florida  Convention,  addressed  the  follow- 
ing communication  to  the  Secretary  of  State  at  Wash- ' 
ington,  in  which  he  prayed  for  the  annexation  of  that 
District  to  the  United  States,  and  took  the  opportunity 
to  claim,  in  fill]  ownership,  on  behalf  of  the  Common- 
wealth of  West  Florida,  all  the  unlocated  lands  within 
its  limits,  to  which  he  pretended  that  they  were  entitled 
on  several  gi'ounds,  and  p^-rtiouki/rly  as  a  rewa/rd  for 
having  wrested  the  government  and  county  from  ^ain 
at  the  risk  of  their  lives  and  fortunes.  > 

"  The  Convention  of  the  State  of  Florida,"  said  Rhea 
to  Robert  Smith,  Secretary  of  State,  on  the  10th  of  Oc- 
tober, "  have  already  transmitted  an  offici»i  copy  of  their 
act  of  independence,  through  His  Excellency  Governor 
Holmes,  to  f  j  President  of  the  United  States,  accom-" 
panied  wiiji  the  expression  of  their  hope  and  desire  that 
this  Commonwealth  may  be  immediately  acknowledged 
and  protected  by  the  G-ovemment  of  the  United  States^ 
as  an  integral  part  of  the  American  Union.    On  a  sub- 
ject so  interesting  to  the  community  represented  by  us, 
it-is  necessary  that  we  should  have  the  most  direct  and 
unequivocal  assurances  of  the  views  and  wishes  of  the  ' 
American  Government  without  delay,  since  our  weak 
and  unprotected  situation  will  oblige  us  to  look  to  some* 
foreign  Government  for  support,  should  it  be  refused  to 

*  Ajinals  of  Coiunea}^  '^j  CjaleB  &  Seaton,  Appendix,  p.  1254, 11th  Congress, 


8d  Session. 


!■■ 
4 
t 
\ 

I 


I 
'i 

I 

I 

ji. 


»''  'I 


*';,■•■  I 

/ 1 ' 


I  m 


iHi 


't3 


w 


r  iff".   <•*•  -si' '     'A 


iff 


■t:i'V*'..>"     ■    -IvV-  T  * 


>■  ^  ^  -^  -  ■•; 


'%■■■ 


■■*.. 


X'.. 


234 


CONVEimON   OF  WEST  FLOBIDA. 


[1810. 


lis  by  the  country  which  we  have  considered  as  our 
parent  State.  t 

"  "We  therefore  make  this  direct  appeal  through  you 
to  the  President  and  General  Government  ot'  the  Ameri- 
can States,  to  solicit  that  immediate  protection  to  which 
we  consider  ourselves  entitled ;  and,  to  obtain  a  speedy 
and  favorable  decision,  we  offer  the  following  (jonsidera- 
tions :  1st.  The  Government  of  the  United  States,  in 
.  their  instructions  to  the  Envoys  Extraordinary  at  Paris, 
in  March,  1806,  authorized  the  purchase  of  East  Florida, 
directing  them  at  the  same  time  to  engage  France  to  in- 
tercede with  the  Cabinet  of  Spain  to  relinquish  any 
claim  to  the  Territory  which  now  forms  this  Common- 
wealth. 2d.  In  all  diplomatic  correspondence  vrth 
American  ministers  abroad,  the  Government  of  ^ .  * 
United  States  have  spoken  of  West  Florida  as  a  par  .  ^ 
the  Louisiana  cession.  They  have  legislated  for  the 
countr)^  as  a  part  of  their  own  territory,  and  have  de- 
ferred to  take  possession  of  it,  in  expectation  that  Spain 
might  be  induced  to  relinquish  her  claim  by  amicable 
negotiation.  3d.  The  American  Government  has  already 
refused  to  accredit  any  minister  from  the  Spanish  Junta, 
which  body  was  certainly  more  legally  organized  as  the 
representative  of  the  sovereignty,  than  that  now  called 
the  Regency  of  Spain.  Therefore,  the  United  States  can- 
not but  regard  any  force  or  authority  emanating  from 
them,  with  an  intention  to  subjugate  us,  as  they  would 
-■m  an  invasion  of  their  territory  by  a  foreign  enemy.  4th. 
The  Emperor  of  France  has  invited  Spanish  Americai;^ 
to  declai'e  their  independence  rather  than  to  remain  in 
subjection  to  the  old  Spanish  Government ;  therefore,  an 
acknowledgment  of  our  independence  by  the  United 
States  could  not  be  complained  of  by  France,  or  involve 
the  American  Government  in  any  contest  with  that 
power.     5th.  Neither  can  it  afford  any  just  cause  of 


» 


181( 

com 
Spa; 
supj 

to  S£ 

Fren 
sans 
Britfi 
"S 
any  c 
their 
other 
ents  a 
pende 
with  J 
or  to  1 
or  a  pi 
State, 
of  the] 
the  inl 
ing  am 
while, 
that  th 
enactec 
lations 
"Th 
lands  w 
^^  CQnt( 
acquiesc 
yejirs ; 

non-inte 
a  relinqi 
to  entitl 
wj'ested 
risk  of  t 
lands. 


I         1 


1810.] 


WEST  FLORIDA   ANNEXED,    m: 


235 


complaint  to  Great  Britain,  although  she  be  the  ally  of 
Spain,  that  the  United  States  should  acknowledge  and 
support  our  independence,  as  this  measure  was  necessary 
to  save  the  country  from  falling  into  the  hands  of  the 
French  exiles  from  the  Island  of  Cuba,  and  other  parti- 
sans of  Bonaparte,  who  are  the  eternal  enemies  of  Great 
Britain. 

"  Should  the  United  States  be  induced  by  these,  or 
any  other  considerations,  to  acknowledge  our  claims  to 
their  protection  as  an  integral  part  of  their  territory,  or 
otherwise,  we  feel  it  our  duty  to  claim  for  our  constitu- 
ents an  immediate  admission  into  the  Union  as  an  inde- 
pendent State,  or  as  a  Territory  of  the  United  States, 
with  permission  to  establisiitOur  own  form  of  government, 
or  to  be  united  with  one  of  the  neighboring  Tenitories, 
or  a  part  of  one  of  them,  in  such  manner  as  co  form  a 
State.  Should  it  be  thought  proper  to  annex  us  to  one  • 
of  the  neighboring  Territories,  or  a  part  of  one  of  them, 
the  inhabitants  of  this  Commonwealth  would  prefer  be- 
ing annexed  to  the  Island  of  Orleans  :  and,  in  the  mean- 
while, until  a  State  government  should  be  established, 
that  they  should  be  governed  by  the  ord?r>  nces  already 
enacted  by  this  Convention,  and  by  thoir  further  regu-  -i 
lations  hereafter.  *^ 

"  The  claim  which  we  have  to  the  soil  or  unlocated 
lands  within  this  Commonwealth  wiU  not,  it  is  presumed, « 
be  contested  by  the  United  States,  as  they  have  tacitly  I 
acquiesced  in  the  claim  of  France,  or  Spain,  for  seven 
ye^rs ;  and  the  restrictions  of  the  several  embargo  and 
non-intercourse  laws  might  fairly  be  construed,  if  not  as 
a  relinquishment  of  their  claim,  yet  as  at  least  sufiS^ent  ■% 
to  entitle  the  people  of  this  Commonwealth  (who  have  ^ 
wrested  the  Government  and  country  from  Spain  at  the 
risk  of  their  lives  and  fortunes)  to  all  the  unlocated 
lands.    It  will  strike  the  American  Government  that  the  . 


*    I*'  • 


i'f'm  i% 


236 


THE  PBESIDENT  S   PROCLAMATION. 


[1810. 


•I,- ••.«•■. 

.■'•■'■•V''i','  ■'  •'• 
l:-    ■,..•••  i* 


[1. 

''       '  ■     ►  , 
'      '■  '^  V 


moneys  arising  from  the  sales  of  these  lands,  applied  as 
they  will  be  to  improving  the  internal  communications 
of  the  country,  opening  canals,  etc.,  will,  in  fact,  be  a^d* 
ing  to  the  prosperity  and  strength  of  the  Federal  Union. 
To  fuMU  with  good  faith  our  promises  and  engagements 
to  the  inhabitants  of  this  country,  it  will  be  our  duty  to 
stipidate  for  an  unqualified  pardon  for  all  deserters  now 
residing  within  this  Commonwealth,  together  with  an 
exemption  from  further  service  in  the  army  or  navy  of 
the  United  States."* 

In  consequence  of  these  events,  the  President  of  the 
United  States  resolved  to  take  immediate  possession  of 
the  District  of  West  Florida,  and,  on  the  27th  of  Octo- 
ber, issued  this  proclamations^ 

"Whereas  the  Territory  south  of  the  Mississippi 
Territory,  and  eastward  of  the  River  Mississippi,  and 
exlendm£  'o  the  River  Perdido,  of  which  potisession 
was  not  delivered  to  the  United  States,  in  pursuance  of 
the  treaty  concluded  at  Paris  on  the  30th  of  April,  1803, 
has,  at  all  times,  as  is  well  known,  been  considered  and 
claimed  by  them  as  being  vrithin  the  colony  of  Louis- 
iana, conveyed  by  the  said  treaty,  in  the  same  extent 
that  it  had  in  the  hands  of  Spain,  and  chat  it  had  when 
France  originally  possessed  it ; 

"  And  whereas  the  acquiescence  of  the  United  States 
in  the  temporary  continuance  of  the  said  Territory  under 
the  Spanish  authority,  was  not  the  result  of  any  distrust 
A  of  their  title,  as  has  been  particularly  evinced  by  the 
general  tenor  of  their  laws,  and  by  the  distinction  made 
in  the  ^plication  of  those  laws  between  that  Territory 
and  fdWgn  countries,  but  was  occasioned  by  their  con- 
ciliator}'  views,  and  by  a  confidence  in  the  justice  of 
their  cause,  and  in  the   success  of  candid  discussion 

»  Annals  of  Congress,  p.  1253, 11th  Congress,  8d  Congress.  '** 


m-'-'' 


\ 


MMonAawKc— ::t:»_ff^ . 


1810.  J 


TUB   PEBSroENl's   PROCLAMATION. 


237 


and    amicable    negotiation  with  a   just  and  friendly 
power; 

4*  And  whereas  a  satisfactory  adjustment,  too  long 
delayed,  without  the  fault  of  the  United  States,  has  for 
some  time  been  entirely  suspended  by  events  over  which 
they  had  no  control ;  and  whereas  a  crisis  has  at  length 
arrived  subversive  of  the  order  of  things  under  the 
Spanish  authorities,  whereby  a  failure  of  the  United 
States  to  take  the  said  Territorj'^  into  its  possession  may 
lead  to  events  ultimately  contravening  the  views  of  both 
parties,  whilst  in  the  mean  time  the  tranquillity  and  * 
security  of  our  adjoining  Territories  are  endangered, 
and  new  facilities  given  to  violators  of  our  revenue  and 
commercial  laws,  and  of  tliose  prohibiting  the  introduc- 
tion of  slaves ; 

"Considering,  moreover,  that  under  these  peculiar 
and  imperative  circumstances,  a  forbearance  on  the  part 
of  the  United  States  to  occupy  the  Territory  in  ques- 
tion, and  thereby  guard  against  the  confusions  and  con- 
tingencies which  threaten  it,  might  be  construed  into  a 
dereliction  of  their  title,  or  an  insensibility  to  the  im- 
portance of  the  stake :  considering  th^t,  in  the  hands  of 
the  United  States,  it  will  not  cease  to  be  a  subject  of 
fair  and  friendly  negotiation  and  adjustment :  consider- 
ing, finally,  that  the  acts  of  Congress,  though  contem- 
plating a  present  possession  by  a  foreign  authority,  have 
contemplated  also  an  eventual  possession  of  the  said 
Territory  by  the  United  States,  and  are  accordingly  so 
framed  as,  in  that  case,  to  extend  in  their  operation  to  ^ 
the  same: 

"  Now,  be  it  known,  that  I,  James  Madison,  Prlsident 
of  the  United  States  of  America,  in  pursuance  of  these 
weighty  and  urgent  considerations,  have  deemed  it  right 
and  requisite  that  possession  should  be  taken  of  the 
said  Territory  iu  the  name  and  behalf  of  the  United 


W 


fwf^^i%' 


^::li 


t 


;!*A-  •J..Vi^i 


^i-'^5?.-- 


e»-t. fifty*'-  '•'. 

'>'.t!\I\'i.l4tJ.Jf^! 


;%'*"•( '.-'i  .1.:   -    ■.•■•-,• 


1%.' 


238 


INSTRUCTIONS   TO   CLAIBORNE.. 


[1810. 


States.  W.  C.  C.  Claiborne,  Governor  of  the  Orleans 
Territory,  of  which  the  said  Territory  is  to  l»e  taken  as 
part,  will  accordingly  proceed  to  execute  the  same,  afnd 
to  exercise  over  the  said  Territory  the  authorities  and 
functions  legally  appertaining  to  his  office.  And  the 
good  people  inhabiting  the  same  are  invited  and  enjoin- 
ed to  pay  due  respect  to  him  in  that  character,  to  be 
obedient  to  the  laws,  to  maintain  order,  to  cherish 
harmony,  and  in  ever}'^  manner  to  conduct,  themselves 
as  peaceable  citizens,  under  full  assurance  that  they  will 
be  protected  in  the^enjoyment  of  their  liberty,  property, 
and  religion." 

On  the  same  day,  the  Secretaiy  of  State  sent  the 
following  instructions  to  Claiborne  :* 

"  As  the  district,  the  possession  of  which  you  are  di- 
rected to  take,  is  to  be  considered  as  making  part  of  the 
Territory  of  Orleans,  you  will,  after  taking  possession, 
lose  no  time  in  proceeding  to  organize  the  militia ;  to 
prescribe  the  bounds  of  parishes;  to  establish  parish 
courts ;  and  finally,  to  do  whatever  your  legal  powers, 
applicable  to  the  case,  will  warrant,  and  may  be  calcu- 
lated to  maintain  order ;  to  secure  to  the  inhabitants  the 
peaceable  enjoyment  of  their  liberty,  property,  and  re- 
ligion ;  and  to  place  them,  as  far  as  may  be,  on  the  same 
footing  with  the  inhabitants  of  the  other  districts  under 
your  authority.  As  far  as  your  powers  may  be  inade- 
quate to  these  and  other  I'equisite  objects,  the  Legisla- 
ture of  Orleans,  which  it  is  understood  will  soon  be  in 
session,  will  have  an  opportunity  of  making  further  pro- 
visionsn  for  them,  more  especially  for  giving,  by  law,  to 
the  inliabitants  of  the  said  Territory,  a  just  share  in  the 
representation  in  the  General  Assembly;  it  being  de- 
sirable that  the  interval  of  this  privation  should  not  be 

*  Annals  of  Congrees,  by  Oales  &  Beaton,  p.  1256,  11th  Congress,  8d  Ses- 
eion. 


i 


to 
tlie 
de- 
be 


1810.] 


ADOBESS  TO  ins  FLOBIfilANS. 


289 


I 


■A.  _ 

prolonged  beyond  the  unavoidable  necessity  of  the 
case.  * 

"If,  contrary  to  expectation,  the  occupation  of  this 
Tenitory  on  the  part  of  the  United  States  should  be 
opposed  by  force,  the  commanding  officer  of  the  regular 
troops  on  the  Mississippi  will  have  orders  from  the 
Secretaiy  of  War  to  afford  you,  upon  your  application, 
the  requisite  aid;  and  should  an  additional  force  be 
deemed  necessary,  you  will  draw  from  the  Orleans  Terri- 
tory, as  will  Governor  Holmes  from  the  Mississippi 
Territory,  militia  in  such  numbers  and  in  such  propor- 
tions from  your  respective  territories,  as  you  and  Gov- 
ernor Holmes  may  deem  proper.  Should,  however,  any 
particular  place,  however  small,  remain  in  possession  of 
a  Spanish  force,  you  will  not  proceed  to  employ  force 
against  it,  but  you  will  make  immediate  report  thereof 
to  this  Department.  ?# 

"  You  will  avail  yourself  of  the  first  favorable  oppor- 
tunities that  may  occur  to  transmit  to  the  several  gov- 
ernors of  the  Spanish  provinces  in  the  neighborhood 
copies  of  the  President's  proclamation,  with  accompany- 
ing letters  of  a  conciliatory  tendency."* 

The  same  functionary,  on  the  15th  of  November,  sent 
to  Governor  Holmes  the  view  which  the  Federal  Gov- 
ernment took  of  the  claims  of  the  inhabitants  of  West 
Florida  to  the  unlocated  lands  in  that  district.  "  To  re- 
press," he  said.,  "  the  unreasonable  expectativins  therein 
indicated  in  relation  to  the  vacant  land  in  that  Territory, 
it  is  deemed  proper  to  lose  no  time  in  communicating  to 
you  and  to  Governor  Claiborne  the  sentiments  of  the 
President  on  the  subject. 

"The  right  of  the  United  States  to  the  Territory  of 
West  Florida,  as  far  as  the  River  Perdido,  was  fairly 
acquired  l>y  purchase,  and  has  been  formally  ratified  by 
treaty.    The  delivering  of  possession  has,  indeed,  been 


.•S; 


If 


ij!) 


m-' 


4  m 

i  ill  I 


//I' 

/  /  ) 


■.-  =ii;', ■•>*.«  ?■*►,:!  i'rV'f^K.l 


9'  '■■>■    ■.■%i-  ■■    ■  ■ 
f  V, "«  -■    •    ■  ■•-;  •■•v.rt 

!  "  • . V.,-  ■■  •.  :  '»V  ■  ■nl 


240 


ADDBESS   TO  THE  FLOBIDIANS. 


[1810. 


deferred,  and  the  procrantination  has  been  heretofore 
acquiesced  in  by  this  Government,  from  a  hope,  partially 
indulged,  that  amicable  negotiation  would  accomplish 
the  equitable  purpose  of  the  United  States.  But  this 
delay,  which  proceeded  only  from  the  forbearance  of 
the  United  States  to  enforce  a  legitimate  and  well-known 
claim,  could  not  impair  the  legality  of  their  title ;  nor 
could  any  change  in  the  internal  state  of  things,  with- 
out their  "^auction,  however  brougTit  about,  vary  their 
right.  It  remains,  of  course,  as  perfect  as  it  was  before 
the  interposition  of  the  Convention.  And  the  people 
of  West  Florida  must  not  for  a  moment  be  misled  by 
the  expectation  that  the  United  States  will  surrender, 
for  their  exclusive  benefit,  what  had  been  purchased 
with  the  treasure  and  for  the  benefit  of  the  whole.  The 
vacant  land  of  this  Territory,  thrown  into  common  stock 
with  all  th0||&ther  vacant  land  of  the  Union,  will  be  a 
property  in  common,  for  the  national  uses  of  all  the  peo- 
ple of  th^  United  States.  The  community  of  interests 
upon  which  this  Government  invariably  acts,  the  liberal 
policy  which  it  has  uniformly  displayed  toward  the 
people  of  these  Territories  (a  part  of  which  policy  has 
ever  been  a  just  regard  to  honest  settlers),  will,  never- 
theless, be  a  sufficient  pledge  to  the  inhabitants  of  West 
Florida  for  the  early  and  continued  attention  of  the 
Federal  Legislature  to  theL"  situation  and  their  wants." 

The  Secretary  of  State  further  requested  Governor 
Holmes  to  keep  in  mind,  and  to  inform  the  memorial- 
ists, "  that  the  Pr^ident  could  not  recognize  in  the 
Convention  of  West  Florida  any  independent  authority 
whatever  to  propose,  or  to  form  a  computet  with  the 
United  States." 

England,  who  was  then  the  faithful  ally  of  Spain,  and 
who  was  engaged  wiih  her  in  that  gigantic  and  ever 
memorable  national  struggle  known  as  the  "  Peninsular 


t«  V 


1810.] 


OBEAT   BB 


itain'i 


8   PBOTEST. 


241 


War,"  remonstrated  against  the  course  pursued  by  the 
United  States  in  relation  to  West  Florida. 

"  I  deem  it  incumbent  upon  me,"  said  Mr.  Morier, 
Great  Britain's  representative  at  Washington,  to  the 
Secretary  of  State,  on  the  15th  of  December,  "consider- 
ing the  strict  and  close  alliance  which  subsists  between 
His  Majesty's  government  and  that  of  Spain,  to  express 
to  the  Government  of  the  United  States,  through  you, 
the  deep  regret  with  which  I  have  seen  that  part  of  the 
President's  message  to  Congress,  in  which  the  defermina- 
tion  of  this  Government  to  take  possession  of  West 
Florida  is  avowed. 

"  Without  presuming  to  discuss  the  validity  of  the 
title  of  the  United  States  to  West  Florida  (a  title  which 
is  manifestly  doubtful,  since,  according  to  the  President's 
proclamation,  it  is  left  open  to  discussion,  but  which  has, 
nevertheless,  been  brought  forward  as  ond^f  the  pleas 
to  justify  the  occupation  of  that  province),  may  it  not 
be  asked  why  that  province  could  not  have  been  as  fairly 
a  subject  of  negotiation  and  adjustment  in  the  hands  of 
the  Spaniards,  who  possess  the  actual  sovereignty  there, 
as  in  the  hands  of  the  i\mericans,  who,  to  obtain  posses- 
sion, must  begin  by  committing  an  act  of  hostility  toward 
Spain? 

"  But  it  may  be  said  that  the  Spanish  forces  in  Mexico, 
in  Cuba,  or  at  Pensacola,  are  unequal  to  quell  the  rebel- 
lious association  of  a  band  of  desperadoes  who  are  known 
here  by  the  contemptuous  appellation  of  land-jobbers. 
Allowing  as  much,  (which  you  will  agree  with  me,  sir, 
is  allowing  a  great  deal,)  would  it  not  have  been  worthy 
of  the  generosity  of  a  free  nation  like  this,  bearing,  as 
it  doubtless  does,  a  respect  for  the  rights  of  a  gallant 
people  at  this  moment  engaged  in  a  noble  struggle  for 
its  liberty — would  it  not  have  been  an  act,  on  the  part  of 
this  country,  dictated  by  the  sacred  ties  of  good  neigh- 
16 


■...  Ki 


'^4 


J^^^^:m^ 


^^■^' 


wfm 


■  !|t« 


-,.i,(.',.v. , 


W^' 

W%mt 

K 

|j>f| 

m 

'&i 

mi' 

m^^ 


mmm' 


«l'..  ^v:•/V^•:^E;i;• 


242 


OBEAT  BRITAnr's  PROTEST. 


^ 


[ISIO. 


borhood  and  friendship  which  exist  between  it  and 
8pain,  to  have  simply  offered  its  assistance  to  crush  the 
common  enemy  of  both,  rather  than  to  have  made  such 
interference  the  pretext  for  wresting  a  province  from  a 
friendly  Power,  and  that  in  the  time  of  her  adversity  ? 

"  For,  allow  me,  Sir,  to  inquire  how  can  the  declaration 
in  the  President's  proclamation,  thatj  in  the  hcmda  of  the 
Urited  States^  that  Territory  will  not  cease  to  he  a  subject 
of  fair  and  friendly  adjustment,  be  made  to  accord  with 
the  declaration  in  his  Message  to  Congress,  (implying 
permanent  poas^^ssion,)  of  the  adoptioii  of  that  people  into 
the  bosom  of  the  Americam,  fa/mily  ? 

"  The  act,  consequently,  of  sending  a  force  to  West 
Florida  to  secure  by  arms  what  was  before  a  subject  of 
friendly  negotiation,  cannot,  I  much  fear,  under  any  pal- 
liation, be  considered  other  than  as  an  act  of  open  hos- 
tility again^  Spain. 

"  While,  therefore,  it  is  impossible  to  disguise  the  deep 
and  lively  interest  V7hich  His  Majesty  takes  in  eveiy- 
thing  that  relates  to  Spain,  which  would,  I  am  convinced, 
induce  him  to  mediate  between  Spain  and  the  United 
States  on  any  point  of  controversy  which  may  exist  be- 
tween them,  with  the  utmost  impartiality  and  good- will 
toward  both  parties,  I  think  it  due  to  the  sincere  wish 
of  His  Majesty  to  maintain  unimpaired  the  friendship 
which  at  this  moment  happily  exists  between  Great 
Britain  and  the  United  States,  to  say  that  such  are  the 
ties  by  which  His  Majesty  is  bound  to  Spain,  that  he 
cannot  see  with  indifference  any  attack  upon  her  interests 
in  America.  And  as  I  have  no  doubt  that  the  Govern- 
ment of  the  U).iced  States  will  attribute  this  represen- 
tation to  the  most  conciliatory  motives,  I  am  induced  to 
request,  in  answer  to  it,  such  explanation  on  the  subject, 
as  will  at  once  convince  his  Majesty's  Government  of  the 
pacific  disposition  of  the  United  States  toward  his  Maj- 


1810.] 


NEW  PARISHES  FORMED. 


243 


esty's  allies  the  Spaniards,  ^nd  will  remove  the  contrary 
impression,  which,  I  fear,  the  President's  Message  is  likely 
to  make."  * 

Acting  in  conformity  with  his  instructions,  Claiborne 
had  hastened  to  Natchez ;  and,  putting  himself  at  the  head 
of  a  corps  of  jiilitia,  he  marched  to  St.  Francisville  in 
the  District  of  West  Florida,  where,  on  the  7th  of  De- 
cember, he  hoisted  the  flag  of  the  United  States  without 
opposition,  and,  in  their  behalf,  took  formal  possession  of 
the  country. .  The  inhabitants  cheerfully  submitted  to 
his  authority,  and  th^  State  of  West  Florida  ceased  its 
ephemeral  existence.  It  was  annexed  to  the  Territory 
of  Orleans  by  a  special  proclamation,  and,  by  subsequent 
ones,  Claiborne  instituted  in  this  new  part  of  the  Terri- 
tory the  parishes  of  Feliciana,  East  Baton  Bouge,  St. 
Helena,  Qt.  Tammany,  Biloxi  and  Pascagoula.  From  a 
census  taken,  this  year,  by  the  Marshal  of  the  United 
States,  according  to  Congressional  legislation,  it  appears 
that  the  population  of  the  Territory  of  Orleans,  without 
counting  that  of  these  new  parishes,  amounted  to  seven- 
ty-six thousand  five  hundi'ed  and  fifty -six  souls. 


.1' 

■  ■*. 

-I 
■1^ 


•■j- 


*  Annals  of  Congress  b7  Qales  &  Beaton,  p.  1361. 
sion. 


11th  Congress,  8d  ses- 


>£'    / 


t 


I; 


■"\..y. 


.<',sm 


CHAPTER  VI. 

Claiborne's  administration  —  proposed  admission  of  Louisiana 

INTO  THE  union  —  VIOLENT  OPPOSITION  —  DEBATES  IN  CONGRESS  — 
J08IAH  QUINCY's  SPEECH — INSURRECTION  OP  NEGROES  —  ADOP- 
TION OP  A  STATE  CONSTITUTION. 

1811—1812. 

The  course  pursued  by  the  President  in  relation  to 
West  Florida  was  as  waimly  approved  by  many,  as  it 
was  bitterly  censured  by  some,  in  the  Congress  of  the 
United  States.  "  If  my  recollection  is  accurate,"  said  an 
orator  in  the  Senate,  who  spoke  in  favor  of  the  admin- 
istration,* "  all  parties  had  agreed  we  ought  to  have  the 
country.  They  only  differed  as  to  the  mode  of  acquir- 
ing it.  The  President,  influenced  by  that  policj'  which 
has  hitherto  guided  the  present  administration,  of  avoid- 
ing making  this  nation  a  party  in  the  present  European 
war,  in  the  exercise  of  the  discretionary  power  vested  in 
him  by  the  act  of  Congress  passed  on  the  24th  of  Feb- 
ruary, 1804,  which  had  solemnly  asserted  our  right  to 
this  Territory,  and  authorized  the  President  to  take  pos- 
session of  it,  and  establish  a  port  of  entry  on  the  Mobile, 
whenever  he  should  deem  it  expedient,  did  not  think 
proper  to  seize  upon  it  by  force,  but  to  wait  for  the  oc- 
currence of  events  to  throw  it  into  our  hands  without  a 
struggle.  The  expediency  of  taking  possession  of  this 
Territory  cannot,  it  appears  to  me,  admit  of  a  doubt.  If 
the  President  had  refused  or  hesitated  to  meet  the  wishes 

*  Annals  of  Congress.    Gales  &  Beaton,  p.  40, 11th  Congress,  8d  SessioD. 
(244) 


•(• 


'■'•kV' 


1811.] 


DEBATES   IN   OONORESS. 


245 


of  the  people  of  West  Florida,  by  extending  to  them  the 
protection  of  the  American  Government,  and  if  they  had 
sought  security  in  the  arms  of  a  foreign  Power,  what 
should  we  have  heard  ?  He  would  have  been  charged 
with  imbecility,  and  fear  of  incurring  responsibility.  He 
would  have  been  denounced  as  unworthy  of  the  station 
his  country  had  assigned  to  him.  Let  it  be  remember- 
ed that  the  Orleans  Territory  is  our  most  vulnerable 
part — remote  from  our  physical  force — a  climate  more 
fatal  to  our  people  than  the  sw  ord  of  a  victorious  eneiny 
— and  that  an  enemy  in  possession  of  West  Florida  can 
with  great  facility  cut  off  New  Orleans  from  the  upper 
country.  If  the  tortunate  mon  >..at  had  not  been  seized, 
this  province  would  have  fa\\fv  lato  the  hands  of  a  for- 
eign power ;  or,  if  time  had  been  giv  n  for  intrigue  to 
mature  itself,  another  iiorr-plot  wcuid  probably  have 
risen  from  the  ashes  of  the  fii'st,  more  formidable  fo  the 
integrity  of  this  empire.  Burr,  like  Archimedes,  fancied 
that  if  he  had  a  place  to  stand  upon — a  place  be^'ond  the 
jurisdiction  of  the  United  States  to  rally  his  tollowers, 
he  could  overturn  the  Government.  He  has,  it  is  true, 
fled  from  the  frowns  of  an  indignant  country,  but  he 
was  not  alone.  Let  an  opportunity  be  afforded,  and  a 
thousand  Burrs  would  throw  off  the  mask  and  point 
their  anna  8,  ^inst  the  Federal  Union." 

Referring  i  -  the  President's  proclamation,  which  has 
already  been  recorded  in  the  pages  of  this  History, 
another  orator  opposed  to  the  administration  exclaimed : 
"  Thir  proclamation  is  not  only  a  declaration  of  war,  but 
it  is  an  act  of  legislation,  too.  It  annexes  the  tevritory 
in  question  to  the  Orleans  Territory :  it  creates  a  Gov- 
ernor ;  it  enacts  laws,  and  appropriates  money ;  it  gives 
the  Governor  of  the  Orleans  Territory  all  the  authorities 
and  frmctions  over  this  paHicular  territory  which  he  pos- 
sesses by  virtue  of  his  office  as  Governor  of  the  former." 


M\ 


*'SS 


tM' 


I'  n"       ■'   r  ■'■'  '  .  •   \'">W<~  '  ■  ■'HI 


-w;C-   •  ;>'i*.^*;'L*'* ■^•'■■■'■1  \1  • 


^<^•^ 


:^.^*^.•\ 


■JX.: 


■".■,-■■■■•;"•*.  'W'i  -v-^-Vi 


i^al^ 


246 


DEBATES   m   CONdEESS. 


[1811. 


V 


After  having  argued  that  the  President  had  no  power 
under  the  Constitution  to  issue  that  proclamation,  he 
said :  **  What  has  Spain  recently  done  to  provoke  this 
act  of  aggression  upon  her  territory'  ?  What  new  offence 
has  she  given  ihe*  United  States?  Is  it  her  determina- 
tion to  resist  the  usurpation  of  France,  or  is  it,  that  she 
has  lately  sent  a  minister  to  express  her  friendly  dispo- 
sition to  treat  with  you  for  both  the  Ploridas,  and  pay 
what  she  owes  us  for  spoliations?  Do  you  calculate 
that  France  will  conquer  Spain  ?  This,  in  my  humble 
opinion,  she  will  not  do.  France  is  not  now  contending 
with  an  aimed  soldiery,  but  she  fights  an  armed  people — 
a  people  struggling  for  their  liberty,  their  religion,  and 
their  laws,  and  resolved  not  to  survive  them.  With  such 
a  cause,  and  such  a  resolution,  neither  France  nor  the 
combined  powers  of  the  earth  can  subdue  them.  What 
ai*e  to  be  the  consequences  of  this  measure — a  measure 
adopted  at  a  time  particularly  calculated  to  e.'icite  the 
resentment  of  Spain  and  her  allies — at  a  time  when  that 
nation  is  pressed  on  all  sides  by  its  enemy,  when  its 
strength  is  prostrated,  when  it  bleeds  at  every  pore  and 
is  almost  in  the  act  of  fainting  ?  What  are  we  to  ex- 
pect but  its  indignation  and  retaliation  ?" 

He  concluded  his  remarks  as  follows :  "  The  honorable 
gentleman  from  Kentucky  has  told  us  that  Europe  is 
now  in  a  state  of  barbarism,  and  has  emphatically  ask- 
'»d :  Are  i/)€  to  sit  here  mid  ca/vil  about  questwm  of  right  ? 
What  if  Eui-ope  has  become  barbarous  ?  Is  that  a  rea- 
son why  Americans  should  become  so  too — ^why  we 
should  depart  from  the  great  system  of  conduct  which 
has  been  the  pride,  the  safety  and  the  boast  of  our  coun- 
try— of  faith— of  justice — of  peace?  Is  t^  is  a  reason 
why  we  should  violate  our  treaty  with  Spain — ^not  one 
of  those  barbarous  powers — ^but  one  of  the  victims  of 
those  powers  ?    Is  this  a  reason  why  we  should  commit 


1811.] 


MB.  MILLEB's   speech. 


24r 


an  act  of  injustice  and  violence  toward  a  people  who  have 
proifered  you  their  friendship  ?  Is  this  a  reason  why  we 
should  embroil  the  nation  in  war?" 

Notwithstandinpr  this  acrimonious  opposition,  the  Pres- 
ident was  firmly  sustained  by  a  large  majority. 

On  the  4th  of  January,  the  House  of  Reprtisentatives 
in  Congress  assembled,  having  resolved  itself  into  a  Com- 
mittee of  the  Whole  on  the  Bill  for  admitting  the  Terri- 
tory of  Orleans  into  the  Union  as  an  independent  and  sov- 
ereign State ;  lengthy  discussions  ensued,  and  a  violent 
opposition  was  made  to  the  Bill  on  constitutional  grounds, 
and  on  grounds  of  policy.  It  was  maintained,  among 
many  other  reasons  given,  that  the  Territory  of  Orleans 
was  not  within  the  limits  of  the  United  States  when  the 
Constitution  was  adopted,  and  therefore  could  not  be  in- 
corporated into  the  Union  of  those  States ;  that  the  popu- 
lation of  the  Territory  was  not  sufiiciently  numerous ; 
and  besides,  that  it  was  not  American  in  its  feelings. 
"  Without  intimating,"  said  Mr.  Miller,  "  how  far  this 
last  consideration  may  have  influence  on  my  mind,  under 
the  circumstances  in  which  that  country  has  been  lately 
placed,  I  cannot,  however,  but  remark  that  it  is  natural 
for  man  to  carry  his  feelings  and  prejudices  about  him. 
I  was  born  in  Virginia,  and  I  have  not  yet  lost  some  of 
my  Vii'ginia  feelings,  notwithstanding  an  absence  of  fif- 
teen years,  and  I  cannot  see  why  we  should  expect  the 
people  of  New  Orleans  to  act  and  feel  differently  from 
other  people,  more  particularly  when  the  French  nation 
is  towering  flo  far  above  the  other  nations  of  the  earth. 
They  will  have  a  sacred  pride  in  theii*  glory,  they  will 
have  some  attachments,  to  what  extent  I  cannot  say. 
But,  inasmuch  as  we  know  that,  if  we  send  Paddy  to 
Paris,  Paddy  he  will  come  back,  the  idea  is  certainly 
not  unworthy  of  our  consideration.  ''' 

n  "  The  bill  on  your  table  has  another  feature  of  some 


I;; 


PI 


U  i 


•■i  *l 


IP"     . 


;il<' 


iiliip 

m 


■Mr '■'^'••■'■^»^' "■>■■•.■ 

Sir'  '■  '  •s-  *..;;■  ■r--'    . 


i 


■    'if i •,.■.:'  ■  V  .^  •>:.'■  *■ 


'  r'J  ■ 


'■"'    ■  '■.'■,'  -i^xy-  ■ 

'.y  .'- ■•«•.■  '■ 


248 


t  MB.  BHEA's   8PEE0H. 


[1811, 


weight  with  me  in  relation  to  its  policy.  You  propose 
to  do  them  a  favor  by  granting  them  admission  to  the 
rank  of  the  other  States  before  they  can  legally  demand  it, 
and,  ii.t  the  same  time,  you  propose  terms  beyond  which 
they  cannot  go.  This  resembles  very  much  a  polite  in- 
vitation to  walk  in,  but  under  an  injunction  to  see  that 
your  feet  are  well  cleaned,  and  yom*  toes  turned  out.  It 
is  a  niggardly  sort  of  policy  that  I  am  sorry  to  see  en- 
grafted in  the  bill.  If  you  design  to  be  liberal,  be  so ; 
do  not  destroy  your  liberality  by  an  ungenerous  senti- 
ment. 

"  Again,  there  are  objections  to  the  bill  as  presented, 
that  render  it  impossible  for  me  to  give  it  my  sanction. 
It  will  be  seen  that  the  bill  proposes  to  annex  that  por- 
tion of  West  Florida  in  dispute  between  this  and  the 
Spanish  Government,  to  the  State  to  be  formed  out  of 
the  Territory  of  Orleans.  The  President  has  declared  to 
the  world  that  this  portion  of  the  country,4n  our  hands, 
shall  be  subject  to  mutual  arrangements  hereafter  to  be 
entered  into  between  the  two  governments.  But,  once 
annex  it  to  a  State,  and  the  power  to  negotiate  ceases. 
What  power  have  we  to  negotiate  about  the  territory 
of  any  of  the  States  ?    We  have  none." 

Mr.  Khea,  of  Tennessee,  observed  in  reply  :  *'  It  has 
been  with  extreme  regret  that  I  have  heard  so  often,  and 
upon  so  many  former  occasions,  as  well  as  in  the  present 
debate,  the  charges  of  French  influence  and  disaffection 
to  this  Government,  made  either  in  express  terms,  or 
else  intelligibly  insinuated,  against  the  people  of  New 
Orleans.  Suffer  me  to  ask  where  are  the  evidences  to 
support  these  imputations?  Certainly  not  before  the 
House.  Gentlemen  may  have  received  from  extraneous 
sources  such  impressions  on  their  own  minds.  But  if 
we  examine  the  history  of  these  people  since  their  con- 
nection with  us,  abundant  testimony  will  be  found,  not 


h-L 


1811.] 


JOSIAH   QUINCY's   speech. 


249 


only  to  exonerate  tbem  from  the  charge  of  disaffection, 
but  to  demonstrate  their  fidelity  to  the  American  Gov- 
ernment. When,  on  the  acquisition  of  that  country,  the 
most  radical  innovations  upon  its  laws,  customs,  usages, 
and  civij  proceedings  were  introduced,  these  people  peace- 
ably submitted,  without  any  symptom  of  insurgency. 
Whert*  they  saw  many  of  their  dearest  rights  endangered, 
or  prostrated  by  new  and  imprudent  modes  of  judicial 
proceedings,  and  by  the  chicanery  of  desperate  adventur- 
ers, they  made  no  unlawful  appeals  for  redress." 

On  the  14th  of  January,  the  subject  was  resumed  in 
the  House  of  Representatives,  and  met  with  the  same 
unrelenting  opposition.  Josiah  Quincy,  one  of  the  fa- 
vorite sons  of  Massachusetts,  and  one  of  the  ablest  and 
most  influential  men  of  that  State,  rose,  and  thus  gave 
vent  to  his  feelings,  with  more  than  his  usual  emphasis 
of  manner :  "  I  address  you,  Mr.  Speaker,  with  an  anxiety 
and  distress  of  mind  with  me  wholly  unprecedented. 
The  friends  of  this  bill  seem  to  consider  it  as  the  exer- 
cise of  a  common  power — as  an  ordinary  affair — ^a  mere 
municipal  regulation,  which  they  expect  to  see  pass  with- 
out other  questions  than  those  concerning  details.  But, 
Sir,  the  principle  of  this  bill  maiterially  affects  the  liber- 
ties and  rights  of  the  whole  people  of  the  United  States. 
To  me,  it  appears  that  it  would  justify  a  revolution  in 
this  country ;  and  that,  in  no  great  length  of  tinie,  it  may 
I»roduce  it.  When  I  see  the  zeal  and  perseverance  with 
which  this  bill  has  been  urged  along  its  parliamentaiy 
path,  when,  I  know  the  local  interests  and  associated 
projects  which  combine  to  promote  its  success,  all  oppo- 
sition to  it  seems  painfully  unavailing.  I  am  almost 
tempted  to  leave,  without  a  struggle,  my  country  to  its 
fate.  But  while  there  is  life,  there  is  hope.  So  long  as 
the  fatal  shaft  has  not  yet  been  sped,  if  Heaven  so  wills 


■J' 


Si!  s 
I 

n 

!>'■■■ 

■:i! 


m 


Jl'f 


^ 


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^:  ■:, : 

.'jiii' 


¥ 


.■{B»*"'>'^!.:v^;,?.-!;.,'^'' 


III 

"I 


I  & ti--. A  i- ■*..■■    ■••■• 


-250 


JOSIAH   QUINCTS   SPEECH. 


[1811. 


it,  the  bow  may  be  broken,  and  the  vigor  of  the  mischief- 
meditating  arm  withered. 

"  If  there  be  a  man  in  this  House,  or  nation,  who  cher- 
ishes the  Constitution  unaer  which  we  are  assembled,  as 
the  chief  stay  of  his  hope,  as  the  light  which  is  destined 
'  J  ghidden  his  noonday,  and  to  soften  even  the  gloom  of 
the  grave,  by  the  prospect  it  sheds  over  his  children,  I 
fall  not  behind  him  in  such  sentiments.  I  yield  to  no 
man  in  attachment  to  this  Constitution,  in  veneration  for 
the  sages  who  laid  its  foundation,  in  devotion  to  those 
principles  which  form  its  cement  and  constitute  its  pro- 
portions.  What  then  must  be  my  feelings — ^what  ought 
to  be  the  feelings  of  a  man  cherishing  such  sentiments, 
when  he  sees  an  act  contemplated  which  lays  ruin  at  the 
root  of  all  these  hopes ;  when  he  sees  a  principle  of  action 
about  to  be  usurped^  before  the  operation  of  which  the 
bonds  of  this  Constitution  are  no  more  than  flax  before 
the  fire,  or  stubble  before  the  whii'lwind  ?  When  this  bill 
passes,  such  an  act  is  done,  and  such  a  principle  usurped. 

"There  is  a  great  rule  of  human  conduct,  which  he  who 
honestly  observes,  cannot  err  widely  from  the  path  of  his 
sought  duty.  It  is,  to  be  very  scrupulous  concerning  the 
principles  you  select  as  the  test  of  your  rights  and  obli- 
gations ;  to  be  very  faithful  in  noticing  the  result  of  their 
application ;  and  to  be  very  fearless  in  tracing  and  expos- 
ing their  immediate  effects  and  distant  consequences.  Un- 
der the  sanction  of  this  rule  of  conduct,  I  am  compelled  to 
declare  it  as  my  deliberate  opinion,  tha.tj  if  this  biUpasHb^., 
the  honda  of  the  Union  are  virtually  dissolved ;  that  the 
States  which  compose  it  are  free  from  their  moral  obliga- 
tions^ a/nd  that^  as  it  will  be  the  right  of  all,  so  it  will  be 
the  duty  of  som£^  definitely  to  prepme  for  a  sepa/ration, 
amicabl/y  if  they  caan^  violently  if  they  musty  < 

Mr.  Quincy  was  here  intOTPupted  and  called:  to  order 


,R...S..,' 


i 


1811.] 


JOSiAH   Qm^OY'S   SPEECH. 


251 


by  Mr.  Poindexter,  fhe  delegate  from  Mississippi,  but 
with  a  loud  voice,  and  more  accentuated  intonatior  he 
repeated  thfe  remarks  which  he  liad  made ;  he  justified  and 
vindicated  their  propriety  and  correctness  ;  and,  to  save 
all  misapprehension,  and  secure  their  being  preserved  for- 
ever, he  fearlessly  committed  them  to  writing  and  hand- 
ed the  pa|)er  to  the  Clerk  of  the  House. 

This  language  and  the  other  features  of  this  incident, 
extraordinary  as  they  were,  produced  only  a  Utile  ww/'^^ 
sww,  according  to  the  report  of  the  debates.* 

Mr.  Poindexter  required  the  decision  of  the  Chair 
whether  it  was  consisteirt  with  the  propriety  of  debate 
to  use  such  expressions.  He  said  it  was  radically  wrong 
for  any  member  to  use  argtiments  going  to  dissolve  the 
Government,  and  tumble  their  body  itself  into  dust  and 
ashes.  The  question  he  wished  to  propound  to  the  Chaii* 
was  this  :  "  Whether  it  be  competent  in  any  member  of 
this  House  to  invite  any  portion  of  the  people  to  insur- 
rection, and,  of  course,  to  a  dissolution  of  the  Union  ?" 
"  And  I,"  i-eplied  Mr.  Quincy,  "  will  make  this  question : 
Is  it  not  the  duty  of  a  member  to  state  the  consequences 
of  a  measure  which  appears  injurious  to  him  ?  And  the 
more  pregnant  the  measure  is  with  evil,  is  not  the  duty 
of  stating  it  the  more  imperious  ?"  The  Speaker  decided 
that  a  great  latitude  in  debate  was  generally  allowed  ; 
and  that,  by  way  of  argument  against  the  bill,  the  first 
part  of  the  gentleman's  observation  was  admissible;  but 
that  the  latter  member  of  the  sentence,  that  it  would  he 
the  duty  of  stmie  /States  to  prepare  /w  a  separation^  am- 
icaUy  if  they  can,  violently  if  they  must,  was  contrary  to 
the  order  of  debate. 

Mr.  Qoincy  having  appealed  from  this  decision,  and 
required  the  yeas  and  nays  on  the  appeal,  the  decision 
of  the  Chair  was  reversed,  and,  therefore,  the  obscrvatioha 

«  Annals  of  Cangreas,  Gales  &  Seaton,  p.  S2S,  flth  Congress,  8d  Session. 


MS 


r'i':  f\ 


V 

'lit 


P.  "^msB 


252 


JOSIAH   QUTNCT's   speech. 


[1811. 


1811.] 


-»-:v^.<>' 


■•vo.xv. 


of  tlie  orator  declared  to  be  in  order.  With  a  face  beam- 
iug  with  satisfaction,  and  witli  iin  exulting  tone  and 
manner,  he  resumed  Iub  sj-ereh,  in  tLc  course  of  which 
he  said :  "  The  bill  which  '\a  aow  pro|)0--ad  to  be  passed 
has  this  assumed  princij)le  f<i  iis  ba^^~  — that  the  three 
branches  of  this  Natioi  »^1  Government,  without  recur- 
rence to  Cob  s^entions  of  the  people  in  the  i^tates,  or  to  the 
Legislatures  of  the  States,  are  authoris-z^d  to  admi  new 
partners  to  a  share  or  the  political  power,  in  countries 
out  of  the  origiua]  limits  of  ^'^o  United  States.  Now, 
this  assumed  priHcipie  I  nj.aintaln  to  ]>e  altogether  with- 
out any  sanction  in  the  Constitution.  I  declare  it  to  be 
an  atrocious  and  manifest  usurpation  of  power ;  of  a  na- 
ture dissolving,  according'  to  undeniable  principles  of 
moral  law,  the  obligations  of  our  national  compact ;  and 
leading  to  all  the  awful  consequences  which  flow  from 
such  a  state  of  things. 

"  Touching  the  general  nature  of  the  instrument  called 
the  Constitution  of  the  United  States,  there  is  no  obscu- 
rity— ^it  has  no  fabled  descent,  like  the  Paliadiuia  of 
ancient  Troy  from  the  heavens.  Its  origin  is  not  confu- 
sed by  the  mists  of  time,  or  hidden  by  the  darkness  of 
past  unexplored  ages  ;  it  is  the  fabric  of  our  day.  Some 
now  living  had  a  share  in  its  construction — all  of  us 
stood  by  and  saw  the  rising  of  the  edifice.  There  can  be 
no  doubt  about  its  nature.  It  is  a  political  compact. 
By  whom,  and  about  what  ?  The  preamble  to  the  in- 
strument will  answer  these  questions. 

"  We^  the  pejple  of  the  (Inited  States^  m  order  to  form  a 
more  perfect  union,  estahUsh  justice,  msfwre  domestic 
tranquillity,  provide  for  the  common  defence,  promote  the 
general  welfare,  and  secure  the  blessings  of  Uberty  to 
oursehes  and  our  posterity,  do  ordain  a/nd  establish  this 
OonsUtution  for  the  United  States. 

"It  is,  we,  the  people  of  the  United  States,  for  ourselves 


and  o'i 

for  th< 

these  < 

ces  on] 

it  may 

our  in 

wande] 

earth,  \ 

this  ph 

terms  i 

of  thinj 

•        • 

"As 

power  i 

a  consec 

the  forn 

ing  mor< 

the  inst 

give  awJ 

the  origi 

found,  t 

tution. 

•        . 

"Hav 

at  will,  1 

tively  se 

ing,  at] 

limits  of 

tion  mer 

the  prim 

whole  sj 

whole  ex 

theatre  i 

exercisini 

IS  no  coni 


■>  • 


•  •-.■ -*■♦>; 


'  .■  .'.1. ' 


.'■■•Wy^ 


1811.] 


josiAH  Qumor's  speech. 


263 


and  our  posterity^  not  for  the  people  of  Louisiana,  nor 
for  the  people  of  New  Orleans,  or  of  Canada.  None  of 
these  enter  into  the  scope  of  the  instrument.  It  embra- 
ces only  the  United  States  of  America.  Who  those  are, 
it  may  seem  strange  in  this  place  to  inqui  'e.  But  truly, 
our  imaginations  have,  of  late,  been  so  accustomed  to 
wander  after  new  settlements  to  the  very  end  of  the 
earth,  that  it  will  not  be  time  ill-spent  to  inquire  what 
this  phrase  means,  and  what  it  includes.  These  are  not 
terms  adopted  at  hazard ;  they  have  reference  to  a  state 
of  things  existing  anterior  to  the  Constitution. 

•  •••••••••• 

"  As  the  introduction  of  a  new  associate  in  political 
power  implies,  necessarily,  a  new  division  of  power,  and 
a  consequent  diminution  of  the  relative  proportions  of 
the  former  proprietors  of  it,  there  can,  certainly,  be  noth- 
ing more  obvious  than  that,  from  the  general  nature  of 
the  instrument,  no  power  can  result  to  diminish,  and 
give  away  to  strangers,  any  proportion  of  .the  rights  of 
the  original  partners.  If  such  a  povver  exist,  it  must  be 
found,  then,  in  the  particjular  provisions  of  the?  Consti- 
tution.        .        .        .        .        .        .    •    . 

•  •  •  •  t  ••  *  •  •  •* 

"  Have  the  three  branches  of  the  Government  a  right, 
at  will,  to  weaken  and  outweigh  the  influence  respec- 
tively secured  to  each  State  in  this  compact,  by  introduc- 
ing, at  pleasure,  new  partners  situate  beyond  the  old 
limits  of  the  United  States  ?  The  question  has  no  rela- 
tion merely  to  New  Orleans.  The  great  objection  is  ta 
the  principle  of  the  biU.  If  this  bill  be  admitted,  the 
whole  space  of  Louisiana,  greater,  it  is  said,  than  the 
whole  extent  of  the  old  United  States,  will  be  a  mighty 
theatre  in  which  this  Government  assumes  the  right  of 
exercising  this  unparalleled  power ;  and  it  will  be ;  there 
is  no  concealment  ]  it  is  intended  to  be  exercised.    Nor 


I'h 


iiii'r 


;iii. 


I'i 


tlV. 


Pi 

w 

Ki^ 

Pyl-T 

^ 

#' 

m 

w® 

1^ 

i^' 

ImS 

^ffnfr'^ 

m 

m^ 

11 

Wt 

'^H 

1*5 

MiSm 

fl^j^ 

m 

m 

^Paju^jM 

mi' 

lie 

K 

aJSi  ill'  JriS?ftBit'i'¥'-' 


•  •■■  >'■!•  '.'•  ■■-■.  Ny'  *  f 


254 


josun  quiitot's  speech. 


[1811. 


will  it  stop  until  the  very  name  and  nature  of  the  old 
partnei'S  be  overwhelmed  hy  new-comers  into  the  Con- 
federacy. The  question  goes  to  the  very  root  of  the 
power  and  influence  of  the  present  members  of  this 
Union.         . 

*^  This  is  not  so  much  a  question  concerning  the  exer- 
cise of  sovereignty,  as  it  is  who  shall  be  sovereign — 
whether  the  proprietors  of  the  old  United  States  shall 
manage  their  own  affairs  in  their  own  way,  or  whether 
they,  and  their  Constitution,  and  their  political  rights, 
shall  be  trampled  under  foot  by  foreigners,  introduced 
through  a  breach  of  the  Constitution.    The  proportion 
of  the  political  weight  of  each  sovereign  State  constitut- 
ing this  Union  depends  upon  the  number  of  the  States 
which  have  a  voice  under  the  compact.    This  number 
the  Constitution  permits  us  to  multiply  at  pleasure  with- 
in the  limits  of  the  original  United  States,  observing 
only  the  expressed  limitations  in  the  Constitution.     But 
when,  in  order  to  iicrease  your  powers  of  augmenting  this 
number,  you  paas  the  old  limits,  you  are  guilty  of  a  vio- 
lation of  the  Constitution  in  a  fundamental  point,  and  in 
one  also  which  is  totally  inconsistent  with  the  intent  of 
the  contract,  and  the  safety  of  the  States  which  estab- 
lished the  association.    What  is  the  practical  difference 
to  the  old  partners,  whether  they  hold  their  liberties  at 
the  wOl  of  a  master,  or  whether,  by  admitting  Exterior 
States  on  an  equal  footing  with  the  original  States,  ar- 
biters are  constituted,  who,  by  availing  themselves  of  the 
contrariety  of  interests  and  views  which  in  such  a  con- 
federacy necessarily  will  arise,  hold  the  balance  among 
the  parties  which  exist  and  govern  us,  by  throwing 
themselves  into  the  scale  most  conformable  to  their  pur- 
poses ?    But  the  last  is  the. more  galling,  as  we  carry  the 
ohran  in  the  name  and  garb  of  freemen.       .        . 


;?v 


1811.] 


JOSIAH   QUINOY's   speech. 


255 


'^  But,  says  tHe  gentleman  from  Tennessee  (Mr.  Rhea), 
these  people  have  been  seven  years  citizens  of  the  United 
States,  I  deny  it.  As  citizens  of  New  Orleans,  or  of 
Louisiana,  they  never  have  been,  and  by  the  mode  pro- 
posed they  never  -will  be,  citizens  of  the  United  States. 
They  may  be  girt  upon  us  for  the  moment,  but  no  real 
cement  can  grow  from  such  an  association.  What  the 
real  situation  of  the  inhabitants  of  these  foreign  coun- 
tries is,  I  shall  have  occasion  to  show  presently.  But, 
says  the  same  gentleman,  if  1  have  afarm.^  have  I  not  a 
right  to  pv/rchase  another  faiitn  in  my  neighborhood^  a/nd 
settle  my  sons  \vpon  it^  a/nd  in  time  admit  them  to  a  sha/re 
in  the  man,agement  of  my  hovseholdf  Doubtless,  Sir. 
But  are  these  cases  parallel  ?  Are  the  three  branches 
of  this  Government  owners  of  the  farm  called  the  United 
States  ?  T  thank  Heaven  that  they  are  not.  I  hold  my 
life,  liberty,  and  propei-ty,  and  the  people  of  the  State 
from  which  I  have  the  honor  to  be  a  representative,  hold 
theirs,  by  a  better  tenure  than  any  this  National  Govern- 
ment  can  give.  Sir,  (addressing  the  speaker,)  I  know 
your  virtue,  and  I  thank  the  Great  Giver  of  every  good 
gift,  tha+  neither  the  gentleman  from  Tennessee,  nor  his 
comrades,  ncfi-  any,  nor  all  the  menilfbers  of  this  house, 
nor  of  the  other  branch  of  the  Legislature,  nor  the  good 
gentleman  who  lives  in  the  palace  yonder,  nor  all  com- 
bined, can  touch  these  my  essential  rights,  and  those  of 
my  Mends  and  constituents,  except  in  a  limited  and  pre- 
scribed form.  No.  We  hold  them  by  the  laws,  customs, 
and  principles  of  the  Commonwealth  of  Massachusetts. 
Behind  her  ample  shield  we  find  refuge,  and  feel  safety. 
I  beg  gentlemen  not  to  act  upon  the  principle  that  the 
Commonwealth  of  Massachusetts  is  their  farm. 

^'  But  the  gentleman  adds  :  What  shall  we  do  if  we  do 
not  admit  the  people  of  Louisiana  into  ov>r  Union — our 
children  are  settHng  that  eotmtry  f    Sir,  it  is  no  concern 


it. 


if 


'ijl 


:l: 


MP 
,1  ■ 

m:  V 


'4'^^ 


i.i';:--;-'"-  sA' 


256 


JOBIAH   QUINOT'b   SPEEOH. 


[1811. 


>,ij. ■         •.  '^  >"  'if   J,  - 


l^>'.' 


of  mine  what  he  does.  Because  hia  children  have  rnn 
wild  and  uncovered  in  the  woods,  is  that  a  reason  for 
him  to  break  into  my  house,  or  the  houses  of  my  friends, 
to  filch  our  children's  clothes,  in  order  to  clothe  his  chil- 
dren's nakedness  ?  This  Constitution  never  was,  and 
never  can  he  strained,  to  lap  over  all  the  wilderness  of 
the.  West,  without  essentially  affecting  both  the  rights 
and  convenience  of  its  real  proprietors.  It  was  never 
constructed  to  form  a  covering  for  the  inhabitants  of  the 
Missouri,  and  the  Red  River  country ;  and  whenever  it 
is  attempted  to  be  stretched  over  them,  it  will  rend 
asunder.  I  have  done  with  this  part  of  my  argument. 
It  rests  upon  this  fondamental  principle,  that  the  pro- 
portion of  political  power  subject  to  the  internal  modi- 
fications permitted  by  the  Constitution,  is  an  inalienable, 
essential,  intangible  right.  When  it  is  touched,  the  fab- 
ric is  annihilated.  For  on  the  preservation  of  these 
proportions  depend  our  rights  and  liberties. 

•  ••  •  •'•  •  •••• 

"  The  debates  on  the  Constitution  will  show  that  the 
effect  of  the  slave  vote  upon  the  political  influence  of 
this  part  of  the  country,  and  the  anticipated  variation 
of  the  weight  of  j^ower  to  the  West,  were'  subjects  of 
great  jealousy  to  some  of  the  best  patriots  in  the  North- 
ern and  Eastern  States.  Suppose  then  that  it  had  been 
distinctly  foreseen  that,  in  addition  to  the  effect  of  this 
weight,  the  whole  population  of  a  world  beyond  the 
Mississippi  was  to  be  brought  into  this  and  the  other 
branch  of  the  Legislature,  to  form  our  laws,  control  our 
rights,  and  decide  our  destiny ;  can  it  be  pretended  that 
the  patriots  of  that  day  would  for  one  moment  have 
listened  to  it?  They  were  not  madmen.  They  had 
not  taken  degrees  at  the  hospital  of  idiocy.  They  knew 
the  nature  of  man,  and  the  effect  of  his  combinations 
in  political  societies.   They  knew  that  when  the  weight 


« 


,  »**■■■■ 


181     ] 


JOSIAII    QUINCYrt   SPEECH. 


257 


I, 


of  pai'ticular  sections  of  a  confederacy  was  greatly  un- 
equal, the  resulting  power  would  be  abused ;  that  it 
was  not  in  the  nature  of  man  to  exercise  it  with  moder- 
ation. The  very  extravagance  of  the  intended  use  is  a 
conclusive  evidence  agaiust  the  possibility  of  the  grant 
of  such  a  power  as  is  here  proposed.  Why,  Sir, .  I  have 
already  heard  of  six  States,  and  some  say  there  will  be, 
at  no  great  distance  of  time,  more ;  I  have  also  heard  that 
the  mouth  of  the  Ohio  will  be  far  to  the  Eai^t  of  the  centre 
of  the  contemplated  empire.  K  the  bill  is  passed,  the  prin- 
ciple is  recognized.  All  the  rest  are  mere  questions  of  ex- 
pediency. It  is  impossible  that  such  a  power  be  granted. 
It  was  not  for  those  men  that  our  fathers  fought ;  it  was 
not  for  them  this  Constitution  was  adopted.  You  have 
no  authority  to  throw  the  rights  and  liberties  and  prop- 
erty of  this  people  into  a  hotch-pot  with  the  wild  men 
on  t^G  Missouri,  nor  with  the  mixed,  though  more  re- 
spectable race  of  Anglo-Hispano-Gallo-Americans  who 
bask  on  the  sands  at  the  mouth  of  the  Mississippi  I 
make  no  objection  to  them  from  the  want  of  moral  qual- 
ities, or  political  light.  The  inhabitants  of  New  Or- 
leans are,  I  suppose,  like  those  of  all  other  countries, 
some  good,  some  bad,  some  indifferettt. 


;  I 

I; 

J: 


m 


i 


s 


"iv 
;.^»* 


m 


"  I  will  add  only  a  few  words  in  relation  to  the  moral 
and  political  consequences  of  usurping  that  power.  I 
have  said  that  it  wo  aid  be  a  virtual  dissolution  of  the 
Union ;  and  gentlemen  express  great  sensibility  at  the 
eicpression.  The  true  source  of  terror  is  not  the  dec- 
laration I  have  made,  but  the  deed  you  propose.  Is 
there  a  moral  principle  of  public  law  better  settled,  or 
more  conformable  to  the  plain  suggestions  of  reason,  th&n 
that  the  violation  of  a  contract  by  one  of  the  parties 
may  be  considered  as  exempting  the  other  from  its  obli- 
gations ?  Suppose,  in  private  life,  thirteen  form  a  part- 
17 


.'i 


f^  I  ^f 


/ 


258 


J08IAH  i.i"'.Sr\S  apEEcn. 


11811. 


l/V 


■..■.■f'''5'ir: 


Uj'^       fv,.''.'      ■•■,•71    ■■ 


■'^■'^.■'■iS'- 


*.V  .'i  ."".Ik'-  '■  '■'■ 


nership,  and  ten  ol'  them  undertake  to  admit  a  new 
partner  without  the  concurrence  of  the  other  three, 
would  it  not  b^  at  their  option  to  abandon  the  partner- 
ship after  so  palpable  an  infringement  of  their  rights  ? 
How  much  more  in  the  political  partnership,  where  the 
admi^ion  of  new  associates,  without  previous  authority, 
is  so  pregnant  with  obvious  dangers  and  evils  ?  Again, 
it  is  settled  as  a  principle  of  morals,  among  writers  on 
public  law,  that  no  person  can  be  obliged  beyond  his 
intent  at  the  time  of  the  contract.  Now,  who  believes, 
who  dares  assert  that  it  was  the  intention  of  the  people, 
when  they  adopted  this  Constitution,  to  assign  eventu- 
ally to  New  Orleans  and  Louisiana  a  portion  of  their 
political  power,  and  to  invest  all  the  people  those  exten- 
sive regions  might  hereafter  contain,  with  an  authority 
over  themselves  and  their  descendants?  When  you 
throw  the  weight  of  Louisiana  into  the  scale,  you  de- 
stroy the  political  equipoise  contemplated  at  the  time  of 
forming  the  contract.  : 

"Do  you  suppose  the  people  of  the  Northern  and 
Atlantic  States  will,  or  ought  to,  look  on  with  patience 
imd  see  Representatives  and  Senators  from  Red  River 
and  Missouri,  pouring  themselves  upon  this  and  the 
other  floor,  managing  the  concerns  of  a  seaboard  flfteen 
hundred  mUes  at  least  £roin  their  residence,  and  having 
a  pi-eponderancy  in  councils,  into  which,  constitutionally, 
they  could  never  have  been  admitted  ?  I  have  no  hesi- 
tation upon  this  point.  They  neither  will  see  it,  nor 
ought  to  see  it,  with  content.  It  is  the  part  of  a  wise 
man  to  foresee  danger,  and  to  hide  himself.  This  great 
Usurpation  which  creeps  into  this  House  under  the 
plausible  appearance  of  giving  content  to  that  important 
point,  New  Orleans,  starts  up  a  gigantic  power  to  con- 
trol the  nation.        .         .         .         .   ^     .         ,      ,  . 


parta 

The 

with 

purei 

in 

prese 

we  ci 

secur 

from 

inth 

arefi 

Whe: 

the 

othei 

soonc 


* 


*Wf 


1811.] 


josiiH  quincy's  bpeeoh. 


is 


apil 


"  New  States  are  intended  to  be  formed  beyond  tlie 
Mississippi.  There  is  no  limit  to  men's  imaginations  on 
this  subject,  short  of  California  and  Columbia  Kiver. 
When  I  said  that  the  bill  would  justify  a  revolution, 
and  would  produce  it,  I  spoke  of  its  principle  and  its 
practical  consequences.  To  that  piinciple  and  those 
consequences  I  would  call  the  attention  of  this  House 
and  nation.  If  it  be  about  to  introduce  a  condition  of 
things  absolutely  insupportable,  it  becomes  wise  and 
honest  men  to  anticipate  the  evU,  and  to  warn  and  pre^ 
pare  the  people  against  the  event.  The  extension  of 
this  principle  to  the  States  contemplated  beyond  the 
Mississippi,  cannot,  will  not,  ought  not  to  be  borne ; 
and  the  sooner  the  people  contemplate  the  unavoidable 
result,  the  better ;  the  more  likely  that  convulsions  may 
be  prevented  ;  the  more  hope  that  th^  evils  may  be 
palliated,  or  removed. 

"  What  is  this  liberty,  of  which  so  much  is  said  ?  Is 
it  to  walk  about  this  earth,  to  breathe  this  air,  and  to 
partake  of  the  common,  blessings  of  God's  providence  ? 
The  beaSkS  of  the  field  and  the  birds  of  the  air  unite 
with,  us  in  such  privileges  as  these.  But  man  boasts  a 
purer  and  more  ethereal  temperature.  His  mind  grasp& 
in  its  view  the  past  and  the  future,  as  well  as  the 
presents  We  live  not  for  ourselves  alone.  That  whicb 
we  call  liberty,  is  that  principle  on  which  the  essential 
security  of  our  political  condition  depends.  It  results 
from  the  limitations  of  our  political  system  prescribed 
in  the  Constitution.  These  limitations,  so  long  as  they 
are  faithf^jilly  observed,  maintain  order,  peace  and  safety. 
When  they  are  violated  in  essential  piixticulars,  all 
the  concurrent  spheres  of  authority  rush  against  each 
other,  and  disorder,  derangement  and  convulsions  are, 
sooner  or  later,  tbe  necessary  consequenc^.  .« 

j  "With  respect  to  this  loyp  of  our  Union,  concerning 


4 


%.^.- 


260 


JOSIAH   QUINCY's  'SPEECH. 


[1811 


ifrt 


m^ 


"M-i-h 


F#4i?---'  :^■?-'^■^* 


I  .  ■  ■    ••ii  K    ■■.•.;*■..  w.  • 


•'»'.■■ 

■i"' 


wLicli  so  much  sensibility  is  expressed,  I  have  oo  fear 
about  analyzing  its  nature.  There  is  in  it  nothing  of 
mystery.  It  depends  upon  the  qualities  of  that  Union, 
and  it  results  from  its  eifeets  upon  our,  and  our  coun- 
try's, happiness.  It  is  valued  for  that  sober  certainty  of 
wahing  hliss  which  it  enables  us  to  realize.  It  grows 
out  of  the  affections,  and  has  not,  and  cannot  be  made 
to  have,  anything  universal  in  its  nature.  Sir,  I  confess 
it;  the  first  public  love  of  my  heart  is  the  Common- 
wealth of  Massachusetts.  There  is  my  fireside ;  there 
are  the  tombs  of  my  ancestors. 

"  Low  lies  that  land,  yet  blest  with  fruitful  stores, 
Strong  are  her  sons,  though  rocky  are  her  shores ; 
And  none,  ah  I  none,  so  lovely  to  my  sight, 
Of  all  the  lands  which  Heaven  o'erspreads  with  light.*' 

"  The  love  of  this  Union  grows  out  of  my  attachment 
to  my  native  soil,  and  is  rooted  in  it.  I  cherish  it  be- 
cause it  affords  the  best  external  hope  of  her  peace,  her 
prosperity,  her  independence.  I  oppose  this  bill  from  no 
animosity  to  the  people  of  New  Orleans,  but  from  the 
deep  conviction  that  it  contains  a  principle  incompatible 
with  the  liberties  and  safety  of  my  country.  I  have  no 
concealment  of  my  opinion.  The  bill,  if  it  passes,  is  a 
death-blow  to  the  Constitution.  It  may  afterward, 
linger ;  but,  lingering,  its  fate  will  at ,  no  very  distant 
period  be  consummated." 

Mr.  Poindexter,  in  reply,  maintained  the  constitution- 
ality of  the  bill*  in  all  its  bearings  and  features.  As  to 
its  expediency,  or  policy,  he  observed :  "  But  it  is  said 
that  the  rights  of  State  sovereignty  ought  to  be  with- 
held from  the  people  of  the  Territory  of  Orleans,  be- 
cause a  majority  of  the  population  is  composed  of  emi- 
grants from  Fiance,  and  the  descendants  of  Frenchmen ; 
that  among  these,  there  exists  a  predominant  attach- 


f 


1811.] 


poindextee's  speech. 


261 


ment  to  tlie  government  of  France.  I  shall  not  attempt 
to  controvert  the  fact,  that  there  are  individuals  of 
wealth  and  influence  in  that  Territory,  who  from  early 
habits  and  education  have  imbibed  a  strong  predilection 
for  French  laws,  customs  and  manners.  No  lapse  of. 
time,  no  change  of  situation,  can  obliterate  the  impres- 
sions whicl  -ie  mind  receives  from  early  precept  And  exr* 
ample,,  Is  it  to  be  expected  that  a  people  whose  laws 
and  usages,  from  time  immemorial,  have  been  materially 
different  from  those  which  constitute  the  rule  of  con- 
duct in  this  "ountry,  and  whose  ignorance  of  our  politi- 
cal institutions  results  from  the  very  nature  of  the  gov- 
ernment under  which  they  have  lived,  can  suddenly 
transfer  their  affections  from  that  system  of  j'lrispru- 
dence  which  has  been  handed  down  from  their  ancestors, 
to  a  government  whose  laws  they  do  not  understand, 
either  in  theory,  or  in  practice  ?  Such  a  transition  can- 
not be  reconciled  without  the  aid  of  practical  experience, 
by  which  the  blessings  of  our  free  Constitution  are 
demonstrated  in  the  security  which  it  affords  to  the  life, 
liberty  and  property  of  the  citizen.  How  far  the  origi- 
nal inhabitants  of  Louisiana  are  liable  to  the  charge  of 
French  partiality,  I  am  not  prepared  to  say ;  but  believe 
them  to  be  an  orderly  class  of  society — well  disposed 
toward  the  Government  of  the  United  States.  Those 
who  manifest  the  greatest  regard  for  France  are  to  be 
found  amongst  the  emigrants,  whoc^e  views  and  expecta- 
tions carry  them  beyond  the  simplicity  of  a  republican 
form  of  government.  But  while  I  admit  the  existence 
of  French  influence  in  that  quarter  of  the  Union  to  a 
certain  extent,  I  cannot  make  it  the  basis  on  which  to 
justify  a  refusal  to  emancipate  the  great  body  of  the 
l^eople  from  the  trammels  of  territorial  vassalage. 

,  '*  From  the  influence  of  France  nothing  need  be  feared. 


i^m 


'    ■■•■■■ »'.!/. rif,v"r  r'<^'.<.i.""i' 

•       .  t-  •  *.  »      '      •  ■ .  .'r   V     *  ■   '  tl  •   ' 


■*-..'.%r..-;..,,  ■,...■- 


-i 


•  «*^ 


262 


poindextee's  speech. 


[1811, 


i^^H-'.iu 


!t':^ 


iiji'-. 


The  distance  by  which  we  are  separated  from  that  great 
Power  is  a  sufficient  guarantee  that  no  attempt  will  be 
made  on  her  part  to  subvert  our  authority  in  Louisiana. 
France  is  not  in  a  situation  to  assail  us,  if  such  a  dispo- 
sition existed  in  her  ruler.  The  want  of  naval  power 
will,  for  many  years  to  come,  form  an  insuperable  barrier 
to  the  introduction  of  a  French  army  into  the  United 
States.  But  the  people  of  the  Territory  of  Orleans  can 
never  be  prevailed  on  to  commit  their  destinies  to  an 
adventurer ;  they  enjoy,  not  only  the  necessary  comforts, 
but  the  luxuries  of  life  in  abundance ;  their  increasing 
wealth  furnishes  a  certain  pledge  of  future  greatness.  The 
Government  of  which  they  now  fonn  a  component  part, 
though  in  many  particulars  different  from  that  in  whose 
laws  they  have  been  educated,  exempts  them  from  the 
desolating  storm  which  carries  misery  and  distress  into 
every  region  of  the  whole  world ;  and  under  the  auspices 
of  our  mild  and  salutary  Constitution,  Jthey  may  lepose 
in  full  confidence  that  their  political  connection  will  not 
depend  on  the  whim  or  caprice  of  the  tyrants  of  Europe, 
It  cannot  be  forgotten  that,  in  the  situation  of  colonies, 
they  were  bought  and  sold  like  herds  of  cattle,  at  the 
will  of  foreign  nations,  without  regard  to  their  feelings 
or  wishes.  With  these  insuperable  ties  on  the  allegiance 
of  the  people  of  the  Temtory  of  Orleans,  I  consider  it 
an  act  both  of  justice  and  policy  to  receive  them  as 
brothers  in  the  great  American  family." 

In  relation  to  Josiah  Quincy's  threats  of  a  dissolution 
of  the  Union,  Mr.  Poindexter  said :  "  On  all  the  great 
questions  which  have  been  discussed  in  this  House  for 
four  years,  a  war  with  England  and  a  separation  of  the 
Western  States  from  the  Union  have  been  constantly 
thrown  in  the  way  to  obstruct  the  measures  of  the  Ad- 
ministration. Why  these  subjects  have  gone  hand  in 
hand,  I  leave  gentlemen  who  are  in  the  secret  to  explain. 


1811.] 


MB.    GOLDS  SPEECH. 


263 


It  ought  not  to  be  forgotten  that,  on  a  proposition  to  re- 
peal the  embargo,  at  a  time  when  its  eflfecta  were  sevei'ely 
felt  both  in  Great  Britain  and  her  colonies,  the  gentleman 
from  Massachnsetta  told  ns  that  the  people  of  New  Eng- 
land were  prepared  for  insurrection  and  revolt,  unless 
that  measure  of  resistance  to  the  aggressing  belligerents 
was  relinquished  ;  and,  contemporaneously  with  these 
opinions  uttered  on  the  floor  of  the  House  of  Represent-^ 
atives,  the  British  Minister,  resident  in  the  United  States, 
made  a  confidential  communication  to  his  Grovernment, 
in  which  a  dissolution  of  the  Union  was  deemed  a  prob-* 
able  event,  should  the  commercial  embarrassments  of  this 
country  continue.  From  whom  that  Minister  received 
his  infi^rmation,  no  gentleman  acquainted  with  the  history 
of  that  transaction  can  doubt." 

Mr.  Gold  sided  with  Josiah  Quincy  in  the  main  points 
of  his  arguments,  and  even  justified  the  language  which 
that  distinguished  member  of  the  House  had  used,  when 
recommending  a  dissolution  of  the  Union,  should  the 
Bill  pass.  He  said  :  "  In  the  Parliament  of  Great  Britain, 
a  country  so  often  stigmatized  on  this  floor,  will  be  found 
examples  of  f>c{^  debate  fully  equal  in  ardency,  vehe- 
mence and  iuvtiotive  to  all  that  fell  from  the  eloquent 
member  from  Massachusetts.  We  have  there  witnessed 
the  old  Earl  Chatham,  at  a  crisis  all  important  to  the 
British  Empire  (the  commencement  of  the  great  contest 
for  American  rights),  sounding  the  alarm  at  the  measures 
of  administration;  pronouncing  the  war  in  America 
founded  in  wrong  and  injustice,  and  arraigning  the 
known  favorite  measures  of  the  King  in  a  strain  of 
angry  and  terrible  invective  that  can  scarce  find  its 
parallel  in  the  English  language.  Shall  this  House,  in 
all  the  fullness  of  freedom  secured  by  the  Constitution, 
be  afraid  to  follow  such  examples  ?  It  is  here,  Sir,  on 
this  floor,  that  free  debate  is  consecrated.    Here  different 


•IT   ■.-■;> 


^A^ 


';. 


''    »)■'<" 


,    *      '    ■■■.  ■  ^T    '. 

^    ■>     '     ••' 

"-'■" 

"/  - 

■1    . 

■'•'v  ■ 

264 


A   CONVENTION  CALLED. 


[1811. 


opinions  are  to  mingle  in  conflict.  To  repress  this  free- 
dom^ would  touch  the  vital  piinciples  of  the  Constitution." 

After  animated  debates  prolonged  thrcugli  many  sit- 
tings of  the  House,  the  Bill  passed  at  last  by  a  vote  of 
11  T^as  ID  36  nays,  and  was  approved  by  the  President 
on  the  20th  of  February.  By  that  act  of  Congi'ess,  all 
free  white  male  citizens  of  the  United  States,  who  had 
arrived  at  the  age  of  twenty-one  years,  and  had  resided 
within  the  said  Territory  at  least  one  year  previous  to 
the  day  of  election,  and  had  paid  a  territorial j  county, 
or  district,  or  parish  tax  ;  and  all  persons  having;  in  other 
respects  the  legal  qualifications  to  vote  for  Representatives 
in  the  General  Assembly  of  the  said  Territory,  were 
authorized  to  choose  Representatives  to  form  a  Conven- 
tion— \^hich  Representatives  were  to  be  apportioned 
amongst  the  several  counties,  districts,  and  parif  hes  in 
the  said  Territory  of  Orleans,  in  such  manner-  en  the 
Legislature  thereof  should  direct:  The  number  of  Rep- 
resentatives ^.  did  not  exceed  sixi;y.  The  election  for 
those  Rej.  ssentatives  was  to  take  place  on  the  3d  Mon- 
day of  ^^ptember,  and  the  members  of  the  Convention 
were  aut'.  orLaed  to  determine  by  a  majority  of  the  whole 
number  elected,  whether  it  was  expedient  or  not,  at  that 
time,  to  form  a  Constitution  and  a  State  Government ; 
and,  in  case  of  a  vote  in  the  affirmative,  then  the  Con- 
vention was,  in  like  manner,  to  declare  that  it  adopted 
the  Constitution  of  the  United  States,  whereupon  the 
Convention  was  authorized  to  form  a  Constitution  and  a 
State  Government  for  the  people  of  said  Territory. 

The  conditions  annexed  to  this  grant  of  authority 
were :  That  the  Constitution  should  be  republican,  and 
consistent  with  the  Constitution  of  the  United  States ; 
that  it  should  contain  the  fundamental  principles  of  civil 
and  religious  liberty ;  that  it  should  secure  to  the  citizen 
the  trial  by  jury  in  all  criminal  cases,  and  the  privilege 


1811.] 


CONDITIONS   OP  ADMISSION   AS    A   STATE. 


265 


of  the  writ  of  Habeas  Corpus  conformable  to  the  pro\^8- 
ions  of  the  Constitution  of  the  United  States ;  that  the 
laws  enacted  by  the  new  State  should  be  promulgated, 
and  all  its  records  of  every  descriptioji  preserved,  and 
its  judicial  and  legislative  written  proceedings  conducted, 
in  the  language  in  which  the  laws  and  the  judicial  and 
legislative  proceedings  of  the  United  States  were  pub- 
lished and  conducted ;  that  the  said  Convention  should 
provide  by  an  ordinance,  irrevocable  without  the  consent 
of  the  United  States, 'that  the  people  inhabiting  the  said 
Territory  agreed  and  declared  that  they  forever  disclaimed 
all  right  or  title  to  the  waste  or  unappropriated  lands  lying 
within  the  said  Temtory ;  that  the  same  should  be  and 
should  remain  at  the  sole  and  entire  disDcsition  of  the 
United  ^ta,t:es ;  that  each  and  every  tract  of  land  sold 
by  Congress  should  remain  exempt  from  any  tax  laid 
by  order  or  under  the  authority  of  the  State  for  any 
purpose  whatever,  for  the  term  of  five  years  from  and 
after  the  respective  days  of  the  sales  thereof ;  that  the 
lands  belonging  to  citizens  of  the  United  States  residing 
without  the  said  State  should  never  be  tazed  higher 
than  the  lands  belonging  to  persons  residing  therein ; 
and  that  no  taxes  should  be  imposed  on  lands  the  prop- 
erty of  tL*^  United  States ;  and  that  the  River  Missis- 
sippi, and  the  navigable  rivers  and  waters  leading  into 
the  same,  or  into  the  Gulf  of  Mexico,  should  be  common 
highways  and  forever  free,  as  well  to  the  inhabitants  of 
the  said  State  as  to  other  citizens  of  the  United  States, 
without  any  tax,  duty,  impost,  or  toll  therefor,  imposed 
by  the  said  State. 

The  4th  Section  of  the  Act  declared  that,  in  case  the 
Constitution  for  the  State  to  be  created  should  not  be 
disapproved  by  Congress  at  their  next  session,  che  said 
State  should  be  admitted  into  the  Union  upon  the  same 
footing  with  the  original  States.  , 


■Tm3g 


.  W.f.i 


•■'■     .-''    V  •.'''.'.  ••,>'-^ i:-'^M 
■•w;>  ■■•-■■■  •'..  ■  :■  .   ■■:•..  -'''I 

|- vlf .V  ■•  ,  .■■>'  ■  :-i'"l 

r-  ■■.■  -  i-   ■.       .    .'.  .•;,.? 


.»  .  «' 


!-.;  I"- 


!■■■ 


I    * 


".}#'•:, '•^.^.;-!<;'  .T-r:'VS  ';:V-1 


,<>3 


m' 


^.K'^tv!:   'vvC-l.i^.'- 
.l.-^.j'^.  K^i.  :'■;    *,^v 

»»'.'.      '■ .    •■■■'•;>;■■■. 
iv*;.*.-    •  .■,;--1.'     >>^ 

['-'••;.•  V  'v,  ■.'.,'►;';■■  •■ 

'  ...  ..■b.i.  ;  s, 

^•'.  ■"  •»#..■>',    " 

.■*■■       .       >!-■.■,. 
■ '  ■  •  <  ■   -hlA  ■    ■   ■ 
>      V  ,.■•.•.  ■■ 


if 


^ 


266 


INSUERECTION   OF   NEGROES. 


[1811. 


It  was  provided  in  the  5  th  and  last  Section,  that  five 
per  cent,  of  the  net  proceeds  of  the  sales  of  the  lands  of 
the  United  States  after  the  first  day  of  January,  should 
be  applied  to  laying  out  and  constructing  public  roads 
and  levees  in  the  said  State,  as  its  Legislature  might  di. 
rect.* 

The  Territorial  Legislature  had  met  early  in  January, 
but  had  been  prorogued  by  the  Governor  until  the  fourth 
Monday  of  the  month,  on  account  of  an  insurrection  of 
negroes  which  had  broken  out  in  the  Parish  of  St.  John 
the  Baptist,  on  the  left  bank  of  the  Mississippi,  about 
thirty-six  miles  above  the  city  of  New  Orleans.  They 
marched  along  the  Avar  toward  the  city,  divided  into 
companies,  each  under  an  officer,  with  beat  of  drums  and 
flags  displayed,  compelling  the  })lacks  they  met  to  join 
their  disorderly  crew,  and  before  they  could  be  checked, 
tbey  set  fire  to  the  houses  of  four  or  five  plantations.f 
Most  of  the  planters,  being  apprised  by  their  own  slaves 
of  the  coming  danger,  had  fled  with  their  families. 
One  of  them,  named  Trepagnier,  contented  himself  with 
sending  to  a  place  of  safety  his  wife  and  children,  but, 
deaf  to  their  entreaties,  remained  at  home  for  the  protec- 
tion of  his  property.  Having  provided  himself  with 
several  fowling-pieces  which  he  loaded  with  buck-shot, 
and  having  taken  his  stand  on  a  high  circular  gallery 
.-^hich  belted  his  house,  and  from  which  he  could  see  at 
a  distance  he  awaited  calmly  the  coming  of  his  foes.  In 
a  short  time,  Bacchanalian  shouts  announced  their  ap- 
proach, and  they  tumultuously  made  their  appearance 
at  the  front  gate  which  led  to  he  planter's  residence. 
But  at  the  sight  of  the  double-ban-eled  gun  which  was 
leveled  at  them,  and  which  they  knew  to  be  in  the  hands 
of  a  most  expert  shot,  they  wavered,  lacked  selt-sacrific- 

*  See  the  Act  itself,  in  the  Appendix. 

f  Martin's  History  of  Louisiana,  p.  300,  vol.  2. 


1811.] 


TBB  NEGROES   DEFEATED. 


267 


mg  devotidii  Id  acconiplisli  their  end,  and  finally  passed 
(Jn,  after  lia\'ing  vented  their  disappointed  wrath  in  fear- 
ful shrieks  and  demoniacal  gesticulations.  Shaking  at 
the  planter  their  fists,  and  whatever  weapons  ihey  had, 
they  swore  soon  to  come  back  for  the  pui*pose  of  cutting 
his  throat.  They  were  about  five  hundred,  and  one  sin- 
gle man,  well  armed,  kept  them  at  bay.  This  incident, 
among  many  others,  shows  how  little  that  population  is 
to  be  dreaded,  when  confronted  by  the  superior  race  to 
whose  care  Providence  has  intrusted  their  protection  r.nd 
gi'adual  civilization. 

The  misguided  negroes,  who  had  been  deluded  into 
this  foolish  attempt  at  gaining  a  position  in  society, 
which,  for  the  welfare  of  their  own  race,  will  ever  be  de- 
nied to  it  in  the  Southern  States  of  North  America,  as 
long  as  their  white  population  is  not  annihilated  or 
subjugated,  were  soon  encompassed  by  a  strong  body 
of  militia,  backed  by  regulars  under  Major  Milton,  who 
had  come  down  from  Baton  Eouge,  and  General  Hamp- 
ton, who  had  hastened  up  with  those  under  his  command 
in  New  Orleans.  To  attack  was  to  rout  the  blacks; 
they  fled  in  every  direction  with  wild  cries  of  despair, 
leav  ing  sixty-six  dead  bodies  on  the  field.  Most  of  the 
prisoners  were  hung  on  the  spot ;  sixteen  were  sent  to  the 
city  for  trial.  The  iugitives  had  taken  shelter  in  the 
neighboring  swamps,  where  they  could  be  pursued  but 
with  extreme  difficulty.  Many  of  them,  however,  had 
been  dangerously  wounded,  and  every  day  corpses  were 
discovered  by  the  pursuers.  The  wretches  sent  to  New 
Orleans  were  immediately  tried  and  convicted.  As  it 
was  intended  to  make  a  warning  example  of  them,  their 
heads  were  placed  on  high  polt«  above  and  below  the 
city,  along  the  river,*  as  far  as  the  plantation  on  which 
the  revolt  began.    The  ghastly  sight  spread  terror  far 

■•"■         *  Maxtin'B  History  of  Louisiana,  p^  801,  vol.  3. 


«■*•■ 


'#.1  ••«■*•.  •  tsatfl 


■  .•:  ■■}■  \  - ;    ■  <■;}  •.■'■-r*il 


t^;t- 


M,*-; 


■I"  ■  tl 


'•>':■"*• 


•)  .       *• 


m 


5/? 


■  f     i 

V ; 


Kiwc 


268 


LIVINGSTON  AND  FULTON. 


[1811. 


and  wide,  and  ftirther  to  insure  tranquillity  and  to  quiet 
alarm,  a  part  of  the  regular  forces  and  of  the  militia  re- 
mained on  duty  in  the  neighborhood  for  a  considerable 
time. 

The  Territorial  Legislature,  before  its  adjournment, 
had  received  official  information  of  the  passage  of  the  act 
to  enable  the  people  of  the  Territory  to  form  a  Constitu- 
tion and  State  Government,  preparatory  to  the  admission 
of  the  new  State  into  the  Union. 

Congress  having  not  as  yet  acted  on  that  part  of  the 
President's  proclamation  which  had  annexed  to  the  Ter- 
ritory of  Orleans  that  portion  of  West  Florida  of  which 
possession  had  been  taken  a  few  months  before,  its  in- 
habitants were  not  authorized  to  elect  members  of  the 
Convention  for  framing  the  Constitution. 

The  Legislature,  without  loss  of  time,  proceeded  to  the 
apportionment  of  the  liiture  members  of  the  Convention 
among  the  Parishes,  and  made  provision  for  tBe  necessary 
expenses  of  ek.ction.  It  then  adjourned  in  the  latter 
part  of  April,  after  having  passed  several  important  acts, 
among  others,  one  establishing  two  banks,  the  Plantei's' 
Bank  and  the  Bank  of  Orleans,  which  institutions  were 
thought  to  be  called  for  by  the  expiration  of  the  charter 
of  the  Bank  of  the  United  States. 

Another  more  important  act  was  passed — more  import- 
ant in  consequence  of  the  discovery  which  had  led  to  the 
passage  of  the  act — granting  to  Livingston  and  Fulton 
the  sole  and  exclusive  light  and  privilege  to  build,  con- 
struct, make,  use,  employ  and  navigate  boats,  vessels  and 
water-crafts,  urged  or  propelled  through  water  by  fire  or 
steam,  in  all  the  creeks,  rivers,  bays  and  waters  what- 
soever, within  the  jurisdiction  of  the  Territory,  during 
eighteen  years  from  the  first  of  January,  1812. 

On  the  4th  of  November,  the  Convention  met  in  New 
Orleans,  and  after  having  elected  Le  Breton  D'Orgenois 


&:  V 


,   N^,■ 


3811.] 


MEETING   OF  TUB   STATE   CONVENTION. 


269 


president  ^ro  tempore^  adjourned  to  the  18th  of  the  same 
month,  when,  on  its  meeting  again,  Julien  Poydras  was 
elected  president,  and  Eligius  Fromentin  secretary. 

On  taking  the  chair,  the  President  returned  his  thanka 
to  the  assembly  for  the  honor  it  had  conferred  on  him, 
and  then  eiqpatiatod  in  a  somewhat  dithyrambic  style  on 
the  happiness  which  the  Louisianians  were  to  expect 
from  a  popular  government  and  from  their  incorporation 
into  the  Union,  as  members  of  a  sovereign  State. 

"  Yes,  gentlemen,  I  again  repeat  it,"  he  said,  "  and 
ever  with  new  enthusiasm,  this  government  is  the  most 
perfect  that  the  human  mind  has  hitherto  framed.  It  is 
that  which  has  the  most  effectually,  by  wise  and  impar- 
tial laws  emanating  from  its  Constitution,  secuj'ed  even 
to  the  lowest  of  its  members  personal  safety,  the  p*eace- 
able  possession  of  his  property,  the  free  exercise  of  his 
faculties,  of  his  talents  and  of  his  industry,  the  sacred 
rights  of  conscience,  and  above  all,  that  right  perhaps  the 
most  Important  of  all,  I  mean  the  right  of  freely  thinking, 
speaking  and  writing,  without  which  liberty  itself  would 
soon  prove  an  illusion. 

"  Is  it  not  the  summit  of  political  felicity  to  be  able  to 
adopt  the  Constitution  of  the  United  States,  as  our  birth- 
right in  our  quality  of  Americans  ?  Can  there  be  anything 
c  .7  earth  more  flatteriqig,  more  advantageous,  than  to  see 
ourselves  placed  in  the  rank,  and  become  the  equals,  of 
all  the  free  and  flourishing  States  of  this  astonishing 
Confederation,  which  is  now  the  admiration  of  the  uni- 
verse, and  will  perhaps  one  day  become  the  model  of  all  na- 
tions ?  They  are  henceforth  our  friends  and  our  brothers ; 
they  stretch  forth  their  arms  to  us,  and  invite  us  to  enjoy 
in  common  with  them  all  the  advantages  of  liberty, 
which  they  so  gloriously  acquired  by  triumphing  over 
their  enemies  at  the  expense  of  their  blood,  of  all  the 
pri'^ations  and  of  all  the  sacrifices  which  the  love  of  coun- 


■»i 


'W't'")' 


r.<i.' 


»♦' '!. ' 


mi' 


fi*«:' 


i^?»»;t 


270 


SPEECH   OF   rOYDEAS. 


[1811. 


try  imperiously  requires  from  virtuous  citizens,  as  the  in- 
dispensable pledges  of  tLeir  heroic  devotedness  to  liberty.  . 

"We  are  now  presented  with  that  liberty  after  which 
we  have  panted  from  the  moment  of  our  being  efected 
into  a  Territoiy,  and'to  obtain  which  we  have  never- 
ceased  to  implore  the  justice  of  Congress,  which  has,  at 
length,  yielded  to  our  entreaties,  being  well  infoimed  of 
our  grievances,  moved  by  our  just  complaints,  and  struck 
with  the  murmurs  forced  from  us  by  that  abject  slavery 
into  which  we  had  been  plunged  by  that  execrable  Ter- 
ritorial Government,  that  monstrosity  in  the  annals  of 
a  free  people,  which  it  ought  never  to  have  been  suffered 
to  disfigure,  and  from  which  it  ought  to  be  forever 
effaced.        .        .         •        •         .         .         .        .         . " 

r 

"  Let  us  hail  our  emancipation  from  that  odious  servi- 
tude which  las  cost  us  so  dear  ;  let  us  hail  it,  I  say,  with 
transports  of  gratitude,  with  that  sensibility  of  soul,  those 
emotions,  those  throbbings  of  the  heart,  felt  -by  a  naviga- 
tor when,  after  having  been  the  dport  of  adverse  Winds, 
tempest  tost,  fatigued,  harassed,  and  on  the  point  of 
perishing  from  want,  he  enters  the  port  which  is  the  ob- 
ject of  his  wishes  and  the  hope  of  his  fortune." 

A  less  enthusiastic  orator  than  Mr.  Poydras  might 
perhaps  have  discovered,  on  reflection,  that  he  had  per- 
mitted himself  to  be  carried  away  by  his  imagination, 
aud  that  his  speech  was  not  as  compact  in  logic  as  it  was 
florid  in  words.  For  instance :  how  could  he  in  reality 
be  so  extravagantly  enamored  of  a  political  system 
which  had  forced  upon  him  and  Louisiana  "  an  abject 
slavery,  an  execrable  Territorial  Government,  a  mon- 
strosity in  the  annals  of  a  free  people  ?"  Would  not  a 
more  astute  statesman  than  Mr.  Poydras  have  come  to 
the  conclusion  that  the  nation,  which,  on  the  threshold 
of  its  existence,  was,  as  it  enemies  pretended,  intoxicated 


■'■''y.; 


1811.] 


PROOEEDIHoS    OF.yilE   CONVKNTION. 


271 


with  self-love,  with  the  incense  which  it  burned  in  self- 
adpration  on  its  doi^iestic  altars,  and  with  the  gorgeous 
prospect  of  its  present  and  future  prosperity,  would  not 
in  the  course  of  time,  according  to  all  probabilities,  find 
withip  itself  a  moral  or  religious  principle  sufficiently 
strong  to  prevent  popular  majorities  from  inflicting  in- 
tolerable oppressions  on  minorities?  Wou^c!  not  that 
statesma'^  have  inferred  that  the  nation  whiri»  Lo''  per- 
petrnt  -'iich  ahominatuma^as  are  describe^^  by  Ut.  ?oy- 
draw,  >t,  if  these  political  crimes  wore  tru«,  be  the 

"  a8t(  confederation"  which  he  had  eulogised  in 

a  prei  >  aiig  paragraph,  and  did  not  deserve  to  bo  the 
"admiration  of  the  universe?  Would  he  not  have 
drawn  the  inevitable  deduction  that  the  nation  which, 
in  the  beginning  of  its  career,  had  forgotten  the  com- 
mandments of  God,  and  trampled  on  the  rights  of  man, 
if  the  denunciations  of  the  epoch  are  to  be  believed, 
would  probablj'  improve  in  iniquity  as  it  grew  older  in 
the  possession  and  lust  of  iiTcsponsible  and  ever-expand' 
ing  power,  and  that  it  was  not,  therefore,  destined  by 
Providence  "  to  become  the  model  of  nations  ?"  Let  the 
sentiments  entertained  and  expressed  by  Louisiana,  in 
1861,  answer  these  questions. 

It  is  now  to  be  hoped  by  every  patriot  that,  taught  by 
the  dire  lessons  of  the  past,  the  Government  of  the  United 
States,  made  more  powerful  by  the  late  intestine  war, 
will,  by  an  enlightened,  just  and  magnanimous  adminis- 
tration, ever  deserve  the  universal  love  of  the  people, 
and  that  no  well-founded  discontent  will  ever  threaten 
its  existence  in  the  future,  in  consequence  of  such  viola- 
tions of  the  Federal  compact  as  were  the  cause  of  delug- 
ing the  country  in  blood.  ,,^ 

0\  the  next  day,  Mr.  Watkins  laid  before  the  Cc^ven- 
tion  a  Resolution  declaring  it  to  be  expedient,  in  the 
name  of  the  people  of  the  Territory  of  Orleans,  that  said 


*vl3*hS 


;'?■'!),' 


^''^'■^■■^:i^'-'' 


■  ■■■■'■;  :'V>.?i>V.v-^;.f.;&7' 


.'.■.V*     ,t| 


'^•^"''/^r:^  V  f 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


1.1 


1^ 


*ii  IM   |22 

114   11.6 


Photographic 

Sciences 

Corporation 


4HS 


^-*^ 


I. 


V 


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as  vnST  MAIN  STMIT 

«k«ltSTIR,N.Y.  USM 

(71*)t72-4S03 


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3 


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jei 


Hit," 


?"^' 


11^.,..  »i!t*,.r    « Y>rt\r.  ^ 


272 


PROCEEDINGS   Opt  THE  CONVENTION. 


[1811. 


Territory  bo  erected  into  a  sovereign  and  independent 
State,  under  the  conditions  and  according  to  the  provis- 
ions of  the  Act  of  Congress  to  enable  the  people  of  the 
Territory  to  adopt  a  Constitution  and  State  Goveinment, 
as  also  for  the  admiiiiiion  of  the  said  State  into  th^^nion 
on  the  same  footing  with  the  original  States,  and  that 
said  Convention  shall  proceed  forthwith  to  fonu  a  Con- 
stitution and  State  Government.  « 

In  the  course  of  the  debatf  >on  this  Resolution,  Messrs. 
Guichard,  Blanque,  Bernard  MarignjTf  Le  Breton  D'Or- 
genois,  James  Brown,  Watkins,  and  Thomas  Urquhart 
spoke  in  favor  of  it ;  and  against  it,  Messrs.  Destr^han, 
Alexander  Porter,  Morgan  and  Hubbard.  It  was  finally 
adopted  by  a  large  majority.  Those  who  voted  in  the 
negative  were :  Jean  Noel  Destr^han,.  James  Dunlap, 
Andrew  Goforth,  Billy  Hubbard,  D.  B.  Morgan,  Alex- 
der  Porter  and  James  Thibodeau.* 

On  the  23d  of  November,  the  Convention  elected  by 
ballot  a  committee  of  seven  mcmbera  for  tie  purpose  of 
prepaidng  and  laying  before  the  Assembly  the  plan  of  a 
Constitution.  These  members  were :  Magruder,  Brown, 
Blanque,  Bry,  Destr^han,  Johnson  and  Cantrelle.  Des- 
tr^han  having  been  one  of  those  opposed  to  the  forma- 
tion of  a  Constitution  and  State  Government,  it  is  some- 
what surprising  that  he  should  |iave  been  selected  to  be 
a  member  of  this  committee.  In  six  days  the  commit- 
tee had  accomplished  their  work,  and,  on  the  29th,  had 
laid  before  the  Convention  the  fruit  of  their  labors. 

1812.  On  the  13th  of  January,  1812,  the  Convention 
passed  to  the  third  reading  of  the  Preamble  of  the  Con- 
stitution, which  defined  the  limits  of  the  State.  A  mo- 
tion was  made  to  add  to  that  preamble  the  following 
amendment :  '^  That  the  limits  of  the  State  may  be  so 

*  See  the  Journal  of  the  ConTention  on  zecord  in  the  office  of  the  Seeretaiy 
of  State  at  Baton  Rooge. 


1811.]         PBOdtavauM  Q»  ipiB  oomrasnoN. 


278 


to  ..ih»4ito I  iii<|fciii|iiv#.iiii Jlgili4iifc^      mumi-  a>. 
nays  were :  J.  i|r.4niieii%^tf  B^  B^kobMii^' j;  Biwiii|pw»> 

in  t}ie  Tmm»*  M  ^m:^mimmai^l^.mff^  pe* 


m 


j 


:.; ' ' 


."■r^:. 


]!■■ 


their  <'vote»«re  liot  ^eeoffckA;  tti4  J«ib«»'Bi<owB)  8k  An- 
site  iimi)^,  Ibr'^fiiiM^iiilb'^Bi^  ii#-'<fMk»i^*'^iailiiiius 

wei«  elected  to  cairf«f^1iymil(»ii'«€^ 
TM^^Ifi  ifeii^iliau'  ^f^^mfprn^^t^m^WM  p0#er 
^ffhe'6«iif«nlk)if^i^^#ilMidl^^^  SStkef  Jan- 

pi««!«M^%ftM%  dt:^^         ^IPI I  iyi|?4ii«i'  «iii«tiiM|6d% 


i-i^y-ii 


1811.] 


THE   0OK8TlTUTIOir  OF  LOUISIANA. 


276 


the  nortbenuuost  part  oi  the  thirty-third  deg^  of  norfch 
latitudiH- rthence  along  the  said  parallel  of  latitude  to 
the  ri^er  Mi8iiiaB^pi|iirr4heiM»  down  the  aaid  river  to  the 
riyer  IberviUe^^«Bd  ftipiii  thenee  akgg  the  noddle  of  the 
said  riv^  and  lakea  M^oief^M  and^l^tdiarti^  to#e  ^ 
Ghilf  of  Mezieo^-4heg|irbidii#  said  G«lf  to  the 

place  of  beginivpip^t  ioolaliBg  aUi^andB  witlon  three 
lei|;i]e«  of  the  bbiiit~-4tt  ^^«te^ett<«iatta%M^t^ 
of  att  jewt  of  6p|^^  aiMi  %e  ^ 

(md  Suite  €^[)vmmenifmdfor  At  9immmt^4fmmSMe 
ifiio  ih  Vmonm^  m»Mtml  JfHtmf  «^  *h€  original 
SkOe^  om^fm JB/Otop pwppo$mi^-*'m  Oid«rito  aeeoie  to  all  i 

iog^OoiiiitlliMitti^ttiM^iM^  > 


*•*-¥ 


irvfft'y^f.  -' 


■-' i  .il-s^'i      •'.-'- u'-tj.'.A/;i.        ','\       .i 


•t* 


^  ,«     -        ,-(  ' 


mm'' 


m 


I;' 


\ 


^;1 


3 


TO  LOUISIANA  — DEBATES  IN  CONtolBaS  —  ftMAWCABLI  AVBRfflON 

mikiuMkk  MiVMio  tliij~fHiBiBA*AirtAiw. 


--.A 


i#it¥^i8ia. 


of  ^Jil^mi^k  .^m^m^^^'^fl^^^^^^  ^^^ 

way*f    This  ipeed  seeiiwd  a^  the  tune  to  Ifb  marvelowu, 
and4|0wk0lep<^pi^i«ilA^  examine 

the  woi^eiM  creation  of  %eg^»^  of  ma^ 

On  the  Idth  of  M»f<i,  ^  House  (^  Bepresentatiyes 
at  Wasyngton  resolyed  iteeK  into  a  Committee  of  the 
Whole,  oik  the  B^  fcr  the*  li^lMiftea  of  Louisiaiw  ipto 
the  Union,  and  the  extraawm  of  the  laws  of  t^  United 
States  thfflwto.  M  aiiiewiiMfi^  wif  P^es^ted,  #ving 
four  f^Hresentefekeein  tiie  ^te  I^gislatiue  to  that  part 
of  West  J1<Mada  wWwii  ^mukmrn^  Ijj^^  Jim  to  be 
annexed  to  the  Btat©  nipr,,|osp^  oi  tihe  OlieWMi  Tern- 


ifoii|ohnso%who^  W  «i|ll4|iw^  lwtBf»«ip^  spoke 
ift  wq?i!i»**rf  ity4#«?^J^fe^  B!»^»«^ 
be^  I^H^ted  fyfmSmSmlm^  ^  (Mema,  #mg 


1812.] 


VMMkfm  nr  ooiroBiBg. 


277 


tfons  uiged  agailllitt  «ni^<iriilB(g  liiis  ft/pttmrnMiUm. 

Mr.  CiklliotSi  oppoiid  HiK  iiiiAiiilMnt,  o&  lli»  graund 
ot  its  kecttpodilttig  in  IdM  lii#  tf  ^fiaoiple  of ^  i^M«Mnta- 
tioii  UrBM  i«^  l#lMMrtl^liiritii  ^e  pro^nmcmt  iifde 
concerning  that  ipljecilfr  Hit^OalMtitatiioii  of  the  J^w 
@tiit«:  mirtMiiit^  carte  lb  i^ii^  vfitt^Jiifr  a^j^r- 
tionmeilt  m«d»bjrt])it'lid^ii>4iiilia^ 
to  ellange  fiir  tiod%  Hi  |fe^ie^!»  of  l^efiifeisntitioi ;  and 
tbat  body  Msg  ^Hiidlrad^  W  iitvlMd  ito  ^^^^^^ 
eiOBAt  Wc^B^ikp^tr^'m^^im^l^  the 

Mk  IfdlidfB  w«iit  hkio^as  ttgtoleBt^to  ik«w  tM^^^^ 

Cbniriltil^oit;  trail  fti^|ife^Hyit.  -  Tke  ttiaite  Hm  viason- 
ini  of  gee^linicfii  i^|^^tM  te»  limi  tc^  H  "lluit  Le^ 
Wto  eok^lMI  l^n^     "i"  ^  Wliite^  >«lti«b  It  ^mu»  not 
ieoM  i^ib  iMtiow  lyefet^^b'BditiA^dMttliiifluK^  and  m  its 
i^fcaifert  iti^bit»  i^tft^^  It  was  eom- 

|>etent  ix>  05ii0iim]i^  tm^  tiM|biBtKi- 

in^iMi^  it)^::^  #  i  lltiie  sottie 

tegtti  oii^^  *.«ii]giBiiiiy]i^^1^  of 

West  Florida  to  a  r^tretentatibn  Itt^-tlHi^IiggiiialliiNi)  of 
^^llliil^  lif^wileb  M  tiit^  iAmf^6iBKM  not 

lie  doiii^ltlitKiiliSIji^  (i()j||il<MK^ 
''  iSh:'ft^lMtm^'mMmillNme^         m  fmitory 
cata^  be  i9fkiMmmik'm^  »iw«^  iiigiiilitaia  »f  a  Iteate 
^  I^^HliK  'ili%ii''ii^^#iiMii%  "ttiita.^  Ht^^aoiiiiil-^  the 

"ik^  bei^ilillltli^l^^  in 

that  llirliii#^fl«^H^it  INrlM^it^^^^ 


7^ 


life. 

I 


i  •' 

li\: 


■  jp.  -1*.  *    '.^  •. ^  s' ■; .k*.-.-*-    ■ 


278 


mE^TM  111  oonomM. 


[1618. 


Mr.  Jorhxwon  olieepined  tbBfcvloaianiitediiient  was  piedi* 
cuted  on  eonient  j^TMidy  gi^rte  lb3r-4lui>)^iweiitioB ;  but, 
if  it  were  luit,  Im^ocmtoiiM  mnnil  1^  people  te  Ibe  iiMdnd- 
ed  in  the  BteM  e^Bglil  to  W  adtoi^y  t^r^MBted.  He 
wmt  into  a  larger  i^(^^ai|^lm#ii*toiliow  tbat  theM 
wii  no  xllffienli^  in  ^tl^Hfily.  #  ^ 
'^'ilR  Oillidtm  8gaili4i)o]te  k<  o^|)Ontioii  to  tfafe  amen# 
ment  Hi  eiid Hatft  |>ro|kMeflHn(  amiex  eonditione  to 
the  ym$^oiik»Wtxt^0Kf^  0I^^M^im  its  heeomkig 
a  Bti*e,%befi  thwe^imMi  lio  f  poMtieaA  hodff  in  i  ezistenoe 
compelimfs  to  ieoipt^tiiemi  «•  the  Oenvetttioli  wMcik  hud 
framed  the  Cimiiititittidil  hiid  )>eaii  ^Hpi^vied ;  that  Hie 
people  of  West  FkMt  woM  be  mirepveaested;  ^^nly 
untii  the  Btater  €kyt«rBBiiBit  ehonld  ^hw  oifgii^^ed ;  that 
theinteiVal^dniingitMchtib^iimidd'  be  mxtigammi/A 
was  unavoidable^  and^aflier  ^f^^that  beings  ipthonL  it 
was  not  reiy  imp<^itiilit/^  fiof^^^W  IkiaiiltidBed  mat 
the  proposedf  iiraeiidiiQeBt  ItoiiiS  M'y#^pni^||^g  the  pm* 

to  wiioih  it  was  wlK^y^ioafiplilsaMf  /l^t  it  was,  in 
faet^  itSB^nik%  to^maH  a  Cbn^tittkmlbftt^  people  of 
a  Stilly  whese^alienflAifo  i^^lt^irae  to  feim  a  Constl- 
tutioti^ibr  thimsdves. 

^1it^'#hc)iion>^pol»  'i^tet  #e'iii[bHBii^toeN»^  itB  ' 
present  form,  as  he  eonc<SMife#oQa^filii^ii^  mfi^ 

sidcihi^dft  ^^::^&B%BiekB*:»^im  ii#ane%^^  fMd  hS9^  «*tlpii 
Constttcrtim  of  ijO#^tti#^  ^iMe  (# 

the  new  State  shaO:  ooii^l^ii^Milieii^iBwiigii^ 

maiN»i^  aOB^MPAiMili^ll^^ 
amendniiiiti  k^4r«8megifel^pi#%'  «#ile^ 


■\ 


*■■■  ■•■^,^v'*  ■■ '  ' 


1812.] 


AB»ATBB  III.  OONORBBS. 


m 


Jfr.  Gbolfloii  |ken  pvoppeed  liifr  ammidtteiii,  winch 
WM  to  ad4  to4iiiiNjbUl^e>lb])bwi^|f  f^^ 

''  A^d^prol«jMi»  «}m^  IM  iW  #e^  ^  thai iportaoD 
olWitk £toiAlE^MVfVt9«i>^^^^       iiiiid»ftjpiiit  of 
«b#^S«M» of  LoiiiibiB^idU^ibcftM  ike  tdibtioii  •#  flfiHi- 
ton  and  a  I^>r^iri»Dti1ii|p^tfiJ»€l«i^^ 
&Uiim,Mmv^»Mibw^  riglita  o0  Afep- 

ftaBeiiklb%  and  ■  €qii4'  j^ri/^gitgiw  M^a^wy ii>w^^ec^*f(rifcb 
tbe  pec^eal  tho^wttiie  of  y^^l^^ 

llr.  lUiaaafiptNteAt^e  ibiaiid]^ 
ed  tha  |>owiy^4)oMiwii>  ici  wq^Widd  aoiiditidBla^toJhofle 
ahsaa^  «iada  ^nwnM^  J*li^  ai&OTte  ^of«l^  State 
into  «1i«,ljBio«»^  4h«lt^i^^ 
laoie^^  «f$iy^aMiiliM#iai  Oia^p^aflle  of 

tM»a(iiaq;aaMi 

Mr.  day  fpdka  ulti  lii;v^  6f  tba^  aiii«iidmea%  He 
o^ttU  aae  Ho  »i#  o)#BcM  to  ite  iidfifKloB.  Th^Con- 
,  vaotbVk  oCnQilaiAs^liiid  JNua^^A^CkiiiitiltttioB  fim  ^e 
Stat^  in  ooQ^ormity  to  tha  law  of  Coogre^  iligiii)^ 
oaii#ii«(mll1aoiia  as  i^^ 
aiaaiiCTdv  '^mmmmmnmu^  aidftlier 

-^yil^Oiiili^  wi'lllljiwtliinl^.aa  en. 

■■'fi^^wjpi^jUTB^Ippp(iSH|(Piwu(P'';faf^pWMP'i^  ai^wwowcs 


%il4Ulll^ 


I 


.^fi 


,-   .•>■,',.■■■:■:  i'-yu  I  ■*■■  •-  lis  'I 


t 


4^ 


*m 


jK'.*'..'-  ^"*.  •"  iiA^'i. '  ■■ 


280 


DBBATE8  IN  OOKOBSSS. 


[1812. 


rights  ihaU  be  invoited  by  tlie  Ltgitlftttiro,  or  hy  a 
new  oonventioQ  to  be  o«Utd  Sot  tl|i^iirp<M%  i»  visry 
properly  left  to  tb»  deciiioii  of  tlKMM  «oiioeriif<l«'' 

Mr.  Gholton'e  ameiidlinMitiiirii  ilgised  to  without  a 
division.*  But  cm  the  fiiuil  pMMge  of  the  bill,  as 
amende^  the  Yote  stood  77  3||ptt9  98  nAya. 

The  Senate  disagreed  to  Uin  amendment,,  aad  the^bill 
passed  in  the  end,  tlmmgh  both  houses,  without  the 
clause  annexing  West  Florid^  and  was  approved  hf  the 
President  on  the  8th  of  April*  Xlia  8d  seetion  provided 
that,  until  the  next  gmiml  emimu^  and  i^poitiloBmeat 
of  Repretentatives,  the  new  State  should  be  entitled  to 
one  Bepresentative  in  the  Hqiiis*  «f  Bepres«ntaMve%  and 
that  all  the  laws  of  the  United  Jltates^  net  loeaUy  inap- 
plicable, should  be  eactended  to  the  said  State,  and 
should  have  the  same  force  and  effect  wi^UB  the  same 
as  elsewhere  within  ^e  United  Stateaf 

The  6th  seelion  deehn'ed  thai  ^  <^a0t  jf  adrnkarkm" 
should  oommenee  and  be  m  fom  Aom  iHod  aftw  ^e 
.JOtipf. April,    '  ■  "^  ■     ^'-  ...'..•»...:- 

Alnoet  simultaneousfy  w^  tiie  aet  Ibt  i^e  adOMMicni 
of  the  State  of  liouielana,  ano^i  aet  had^assed^  ^  to 
enlarge  the  limits  of  the  State,**  and  waa  fl|>pn^ved  by 
the  Indent  on  the  14th  ^  A^    H  mmM^  that  in 
case  tlie  Legislature  #f  ^e^pfea  ef  Iioi^Mmh^  shaold 
consent  thercnte^  i^  thi^  Wa«l  el  i^^ia^  c^np^aded 
withanthe  folbii^  lKmn%%.w«ts  Beg^iii^  aA  the 
junction  of  the  IfcwrviUa  lUii^  (or  Ba^  ItaDhac,) 
with  the  MisfMpiii;  thaiQi^iiMgj  th^  wi^ 
Iber^^  the  ttvir  Aml^  aiiAi^tl^ 
and  iNsiitchartvaim  tl>^  tha  mttrnm^mmA^'^i^^-^Bml 
River  ;4hen^  i^  t^^  aastei^  llii^ch  ei^£^^^ 
to  ^' 


K 


1818.] 


xNLABanouiT  .or  tbs  state. 


281 


jf 


le 


along  tlM  old  cl«gfee  of  llutitode  to  the  Hi  v«r  MiMiiuppi ; 
tbeiiee  down  ih»  Mid  river  to,  t)M  ]A|m  of  >M^giiiiiiiig, 
shail  baoome  and  ibnii  *i»rt  of  tlie  Bwte  of  L^mii^imj 
aad  b«  tul^Mt  46  tlie  elMMtitiiitiim  And  laws  tWepit  in 
tlM  MtBo  tauttiner,  Mid  fi^  all  intioitfi  and  pirpQMB,,a»|r 
it  had  been  indnded  within  the  f^pjginit  honnoafiei  ^f 
the  laid  dtatfli 

It  ftnrther  enaeted^  ttMt  it  ihoi|)4  be  Inonn^nt  upon 
the  L^gikkture  ef  the  State  of  I^voyaai^  in  csasa  &ey 
ooalMnted  to  the  uMii^otation  of  tie  Xerrito^  afbresaid 
wiMr  thf^r  Iimili»  a^  thiir  iM  M^M.  to  mk^jfjpY}B' 
ion  by  k#  for  tba  «tpi|ilaBlia|l4Jl  the  aald  tar^ry 
in  the  LegUktwe  of  ]  Ihp  ,Mi$,  i||on  tha  pffn<4>l^  of 
the  Ooaititntii%  and  |br  apfOfipg  to  the  ,]>eo||e  of  Mdd 
Territory  equal  rigjhtiipri'niegaa^fbane^te  and  advanta- 
ges wHh  tfaoai  enjoyed  by  the  peoj^  c^  the  otiier  j>art8 
of  the  States  which  lawahoiild  >e  jai^  to  revhiion,  mod- 
^eatten  and  amendiBeiMi  %  06|ig»<ei^  and  #^  P  ^^ 
mannep  provided?l9r  ik»'  a^naadbent  of  tl^  State  Oon- 
stitoHon,  but  ^^n)|d  npt  be ,l|a^^  to |h«^  or  a^ifl&d- 
ment  %  tha  li^gli^^wt  of  #e  S^i^ 

On  the  4th  of  4ng«Mi^  tfia,  ij^iig^i^  ^|aalaiana 
approned^Md  eonsii^  to  t|e  i^i^mmm^  ol  Jte 
Uniticf  te  ata^  in  tH  |p|^u|  p«^^ 

aet  Qiikia^tmtM»ii»f»f^Mt  mid  |d|r^  tUy 


fi^^ht0i  *^llioiii;  li«\#  ba 

a  pilrt^^^h»Mite  of  |^|Wi^]?  j|^ 
act  of  i^!  3|»^  oC^^^iilBa 

gfiitail' ta^^'aimaiM  ^~ 

i£i|PMWMMHPPiai 

waa^ftle^ttt 

l^lNI-rlba 

the-Wiiaii^i^wlswyliiypi  hp#^iilii^f 
of t2^jiyear*.    ,fyrr     „,> 
A  iemlitkii^'viii'fpaaMl  by 


V?'^ 


"iJW/  V*  sail 


^ .  .••(>v 


! 


I- 


■lii    < 


•i' 


.■•     f.A. 


„... ,^j;'-. 

ri*  .•.-(•(.•■/•"'."'''Sie.'  '  ' 


282 


STATl  OOVEBirinurT  OBOAiriZED. 


#|ltl2. 


Ik 

proved  by  the  Qortmat'im  thtf  81tt  of  Augoiti  4M«r- 
ing  it  to^  be  ezpMieiit  to  remoTe  tii«  leit  of  goremment 
ftom  thp  dty  Sf  Kew  Orletaft,  and  d^rsBting  thst  lome 
jplaoe  more  ooninenient  be  made  efcoioe  of  m  the  p^rma- 
iMDi  eail  of '  fjpTermneiit  Ifft  tlto  Btate.  It  fdrtbar  pro- 
vided for  the  «|^pblp|ment  of  ^o  peMoiii  on  the  jmM;  of 
tl^e  Sena^  and  three  ou  the  part  of  the  Hoae^  of  Bepre- 
8«Dtativefl^  to  ezainiiie  the  dURsreiit  places  detSgnated 
li»r  the  seat  of  govenmient,  and  to  reoeiTe  mj  piopo- 
litiona  to   be  made,  or  douiioiia  to  be  oAved  of 


% 
fe 


■i^r 


propv^  in  thoeadltfeiMit plaineii^  with  inalniietiena  to 
report  to  the  Genllkl  AaeembW  «t  their  next  mmkm, 

P.  R  Si  Martin  i!|as  the' iret  Speaker  of  .the  Ho«tte  of 
Bepresentativea  nnder  the  State  Cforermnto^  and  Mien 
Poy^rae  the  flret  F^dent  of  the  Senate. 

W.  dl  0.  Cnaibonie  had  been  eleetiad  Govenior  of  the 
State.  It  was  tbld  1bes|  ptooi  at  the  aatisfiietibn  given 
%  lut  pdfiijlftdstiiatten  und^r  the  territorial  Bysteai  of 
government^  which,  itflieli|  had  )keik  ioi  dbjeet  of  detesta. 
ti^  to  the  great  mijori^  df  the^poptilitioa  He  ap- 
P9intt4  ^  E  Macarty  to  the  omoe  of  BecMMtfyx^  State. 

Allan  B.  Magrade#  and  Jean  Noel  Bsetf^hao^  who 
ha^  been  ineinb«rB  ol  th^  late  CkmveilA&OKV  wiere  ekoted 
S^nitore  of  ^e  tTnited  Sti^ei ;  bot  Deett^hifa  having  re- 
signed before  ti&ii^  h|9  Mat)  and  diBtDg'  :the  ai^oinni- 
ment  of  the^  Stfte  Lii^i^Mte,  1^  Goverotar  appeisted 
mlm  plMie  llt^DiM^l^^  waa^lt^  hnown  in 

l^o^daiby  at  ka^t  to^th^  1^ 

t1bomas;,8^p^f  i^^  w^  had  lieMi  fcefliataiy 
ofih^^^ltoW,  w^fa66Ced%  f^^ 

had  a  sq^  <^  fife  thousand  dollars, 


<*l. 


181fl.} 


WAM  WOB  OUAT  BltlTAIir. 


388 


to  the  world  tbi*  war  tiifCcii  bctwieaiht  United  Stiitit 
and  GfMt  Britifai^  And  Iwd  MBiwittfiilA  tM  ffMimA 
''to  Hie  tfcM  wltole  )Mid  ind  sftrali.iffoi  of^tlie  doited 
Sthtet  to  oMTj  tbef  iia«M  bto  dkek**  s 

On  tto  aiit  of  /«l|r,  CMboiMk  in  ^  imragnml  tcl^ 
dreM  lb  Htuf  I^gNMoie^  tiOdag  imil  ooaiidiiftioii  tbe 
state  of  the  ooiintry,  bad  Btreniicwigr  xeoonuiieiided  a 
thoiovgh  ^tganiwiEbB  ff  the  nW%  whieh  mitil  ihen 
had  been  Uat  froiikdMive.  i^^^A  «iav,  eori(9ta,*M»e  aeid, 
"  MKPeen  the  Uniteft  lbgdo0»]oC  '^Neat  Biltnn  and 

Ireland  aiid  dipl|ideiN^f.Jii44«y|9iM  1^  of 
Ameriott.    War  k  7n#  |l»  |Mlei|.y 

It  would' hire  eitaM  dbhoi^/ e^fwr^ee^  ^MnAage 
upon  our  poet^tjr^  Tkt  inde^ndeiiee.of  jjUMPien  wae 
the  fhiHi  of  ei§^t  jMn  <of )  Mil  end  of  danger,  and 
to  maintain  this  mmknMiimihFmUgB,  the  awovd  ia 
again  nBidii«dil4  'Wket  mvmgtk  ef  Sn^bnd  hare 
been  long  and  seriously  felt  ;  thc7  are  viiiible  in 
the  deeHneef  oarilin  ^omm^miiBw^^  fm  wmm&fo^ 
and  thib  'kTi|pMr«^igr&enllMNk  rtta-rafoiiiif  ie  «■«• 

wba^Uf^  mMtt  "Wit  wt^  ^tl|i^f#llK|  ff 

our'  ''eibttt|l^s;tioniMintt(yi{-:#]t^ 
faii|ii(il  peof le  to  0etf  iwlfAtSoBi?  %e  f^hB^^hNrtof 
thr^ti|i1Nli|)ealifolMiii  ten  f^  lid  IrhicH  it  ia  m 

the|f0iire9^i«^Mi^l»»^^  iM.iii#i^-% 

be  ^^s^iimmA^rw^^^  iyyt 

stoni^  aMt  ]i|l(-iilMlf'#ii^ 

or  ^,:mfmMm.  ind^^«Jir^'ei9«Rt||!%|^  ^I^M^Mup^''  iji 

8eoui^%'?^iiit  liiiiiiwNh^Ff^iii'  Itiiiif :  Jit.^!iwieg>.  -  4«9 

itself  shdold  h<$  pr^tred  to  advaince  igakist  an  inyad* 


•  ■.•'Bi 


J^^H'^i 


284 


AVEBSION  FOB  PUBLIC  LIFE. 


[1812. 


'^i^mr'-%4-- 


vm'/: 


;,»•>'■•;  .■..•/■'.'•■••tti'  ■. 


1il 


I' 


ing  fbe.  Our  yotin^  men  shotild  hasten  to  tihe  tented 
fiM^  8^d  tend^ili^  tbeir  services  to  tiie  Gov«mmeiit, 
be  in  readiness  to  nlaivli  iKt  a  inobent's  wamifig  to  tlie 
1  point  of  attack  In  stie^  a  contest,  the  issue  cannot  be 
donbtfliL  Iii  siiidi  H  canse,  ever^  Ameriean  should  make 
bare  his  boiiom.     WUmfitiiHce  k  the  iUmdardj  Beaven 

<^  llho  l4th'of  Ati|^,  in  a  message  which  he  sent 
to  the  tiegifSiftttird,  M  said :  '*  On  tnmin|  my  attention 
to  the  Interior  of  the  Bt^,  I  p#c^ve  #ith  regret  that, 
within  the  Pttrisl^of^  f^idana^  Biton  Boog^  St. 
Helena,  and  St.  ^aiiimim^r,  yM<^  hA^e  recently  been 
annexed  to  lx>aisiatt^  the  diril  authority  hl^l  become  so 

;  weal:ened  and  teh|^6d,  that  the  laws  have  lost  much  of 
tfa^  infludnc^  and,  in  tho  Faryi  of  fit  Tammany  in 
particnho',  are  scaire^ly  fblt.  I  a^riie,  therefore,  that  such 

,  provisions  is  yoi  e&tft  tUi^  proper  M  prescribe  for 
these  ^iM^es  ma^  l!^j«lii^  lidth  aHoonv^ient  dis- 
pajx^** 

in  those  days  there  was  not  the  aatoe  greediness  for 
office  which  has  siho^  became  so  oon^iexiiMiSy  and  it  had 
fre^uMy  b«^  difficult  f&t  ^  ]lhresid^nt  of  the  United 

^  States' and  fo^  Gdveriior  Olafbome  to  Ml  suitable  men, 
wi]^%  to  accept  |X»li(ical  #ust|  or  any  d«l«gation  of 
authority  ftom  the  Gbvomment  H  some  were  tempted 
into  it,  they  soon  rei^neil,  imd  by  thtt^i^  res^a- 
tionsin«reiifiedtlte  dWoillii^'t^^  9sj^ptAat- 

ing  power.    'lVj|tl%fi^  fai  pftl^^  rwnaihable 

for  their  re^iiei»  to  ittlilii  t«>  pi^vile  !%  |kiid  €hd- 
b(^e,  lit  a  tiiesBig^iD  tio  l<^8lattiTe|ll«i^iom  <iile  of 
the^M»e^t  *^tr'cJ^Ni6krt]f^'tid$s^ 
Ju^^,**^(«il|^^^hi8ill]l  t&ids  IMv^ij^Eii^^tered  by 
them  as  a  ve^  %npl^isint  iofy.  It  has  a^eidy^  occa- 
sioned several  iisiigfta^lfiilf  and  k  scMBe  inltanoes  pre- 
vented citizens  in  whom  the  public  placed  high  confi- 


iM'"\ 


.■■■■■> 


* 


1812.] 


A  WANT   OV  MEN  FOB   OFFIOSS. 


285 


deuce  fi-om  accepting  the  office  of  jadg&  I  much  fear 
thct  a  oontiniiatioa  of  thi^  re^oMm,  ni^  iodaoB  some 
other^uclgeft.  to  sftiro^  aod  thi^  9^  t)i^^pre8«Bt  jpeiipd) 
when  th^  diirftbi^  ol  tlie  pfKeiBh  egiipi  jyiteqi^i?  ao 
very  uncertain,  I  shall  experience  d^iioolty  in  filUng 
8ati8&otoj%  tibe  vmmem  wh^  exist,  or  s^oh  aci  may 
arise.  ^V^^  a  TfiMT,  tlierol(M%> ti^  Jpreye^t  epban'ass- 
ments,  and  the  better  to  secure  »  panctuaji  collection  0^^. 
the  revenue^  I  sujugest  for  consdfifatioii  the^exp^episy 
of  providing  l^  law  for  the  diyisian  <4  thfi  State  ip^ 
four  or  more  colleofciiw  dastricta.''? 

On  the  2d  of  Beftesihier,  QUdJ^orae  ^toed  a  bill,  en^ 
titled  ^  An  Act j|Bf|>leiBeniai3r  j^^ai^  iict  to  Tegolate  the 
conditions  and  Ims  0^  tl^  «p^jlll(^ti$^  ^  s^^^  It 
must  have  oontdmed^vety  est^qr^pi^px^iii^^  ip%- 
ing  fiom  eaidfeirWs  0^0^^ 
remadbed  the  Cbtemof,  *Hhe  oMfoljiF,  .ti0,|pce^^^^^ 
min<^8ad  even  Jh^  lives  of  un^ieipii^  4tilBen%  %  sab? 
jecting  tfaem)^t®»be  ^elcHuigsd  %  slavey  t^  iprhom  the 
bin  holds  out  «iichlBd»06mait^thf»profiise  otf  ^eedom-^ 
as  to  «xp<3ite  IpiM^^  serein- 

stanoes^  ^dr pc^i^ipaii iol;,!^^^ 

oSEandfinkto  fmnmmf^  ^iB^km  %^  wi  miht  fiao 

laws.*^  ■>  ,«.«-..- 

11ieiL«|^at«re  M  liaiiUiyii^^iiizi^W^fW^^ 

though  pi?^#ii^^  mm^iv^^fi^^^^ 

meat,  mi^^mSmi^^  T^t^vA  pU^  y^^ 

to  ftoviiie  ,ii3^aeii^«li|»i«iir  J^^ 

ellBCfco»,tii.f W|ib#^f^  'fef  %^|pi||||i^af ii^Pf^ 


% 


%A 


m?Mfi 


•is  ,■■■<:■' 


<.H 


1  '   .' 

I  i  ... 


^''  p'i^^^i/■' 


:f 


286 


A  NUMBER  OF   BESIONAUONS. 


[1812. 


DecemW;  and  tlie  Senate  aadHous?  of  Representatives, 
in  joint  m«etQ^ia8seikby«d  on  ih^  d&th  of  Hovember, 
choee  Jufien  F^p^rdfaa^  l^krnoB  ^ThomftS)  and:  Bt^plien 
Ai  Hopkins,  IM  «^Mtors<M^A|*irandlmiMdyie^£rfsident 
of  tibe  U^it«d  Stiities. 

Previo^  lo  the  meeti^  ®f  tlie  Legialatiire,|m  lUi^r^Bto- 
^,  dented  iitiinb«p  of  i«sigtiivfeii<»i8  had.ti^n-  plaee  among 
^  the  Oeolie  memTjcra  of  that  body,  for  leasens  which  are 
not  8uffic]i»itly  authentieated  to  he  hiftfanoally  recorded ; 
but  thefaet  is  remarkable.  Among  those  who  ihns  n^ 
fused  to  take  their  seats  were :  Joseph  Londry^^  Senator 
elect  for  the  County  ctf  Aeadk ;  God<il^X>Kvkr,  the  Bep- 
resentative  irom  the#aHshes  of  ^IfM^uemineand  St. 
Bernard;  P.  K  St.  Sfoi^  «id  J.  C.  Ariianld,  Beprteent 
ativea  ifem  the  G«nttan -CSoasl.  <;W3»at  Is  ;id<»«  strange 
is^  that  Alezandtir  Labraeehe  amd  Ben6  TrndjeaU)  luunng 
been  elected  in itheplaod  of  the.tWQ  list-naoied  i^tle- 
m^  lesif  ned  in  i£dii  ^imL  Genesi  ItonssiEt  and  I<e 
Bretdn  Bes^apelte  also  Vaeated  -^elr  sAvts.  All  ^ese 
gen!tlenien  belcMig(^v  to  the  >^'ei?  0I  t^ 
tio%  and  mm^  m  ihmt  htd  h^  ^e  kte 

O^Tentian.    It  niiist  ^er^re  W  p^  that  they 

mtnt  lii^6  had  very  jpoiTeiiil  ieasoito  %  th*  oourse 
v^hioh  they  pursued    ^  i$  Mafossible  n<^  to  Hsis|^pose 
thlit  ^sre  was  scnne  sitfibitB  dlsosiitkit  and  dlifpst  at  the 
bottoBi  c€  it. 

1819k    Ois  the  4ik  of  iltodbf  «diSBieiised  th^  seoond 
taim  o#  IfiE^  Miidi8i^n*s  l#«lMi»&  le  th»  PfesideQcy<  His 
ioiMigi^  addi^Mh  <^  «y^  €^eaito«(mBis^  as  »fiodiio- 
tioiif^  the  pi^Bf^df^,  l«^^^^1^ 
the  plffi0bldgiVM«dd  1i^  Ifp^Nibfe  1^  1^ 
of  lltings  ezist^f  k  18m»  hIArmfm  lb  I^CNndi  iM  Sop%f 
oftli^^ari^ktSiil^^  rM 

ered  by  JefPersonDwm  5£ieitt  the  wui^  and  magnitude 


M 


Itude 


iM 


Madison's  mAuauBAL  addbess. 


287 


of  the  trust  loosed  in  me,"  said  the  ve^lected  Chief 
Ma^rfte,  ^1  atuMi  be  ooi4>eMed  to  shrfaik,  if  I  had  less 
reUitib» bti <&e ^iappbTtci an enHghtiiied  ted  generous 
pec^le^  an^  felt  leato  d^Qef^  adohviotinm  thai  a  wiar  unth 
a  poweifdl  nalion,  whidi  fomia  a  pttttniiieot  feature  in 
our  situation,  is  stamfed  with  that  jnstide  ^rinsk  invites 
the  simles^of  heaiven  on' the  ineanii  of  conducting  it  to  a 
suooessfiil  teiiniiKation. 

**  May  ^not  ehiar&h  thib  s«ntiiient  wit^t  p^ump- 
tion,  when  we  reflect  on  the  characters  1by  which  thii 
w&risdistingufidiedi 

^  It  was  not  iBol&red  on  th«fi#  If  thelJnited  States, 
until  it  had  lotag^een  inade  oti  *heiffiiA  reility,  thot^h 
not  in  name ;  unt^  ikN[iniien^  ind  eiE^ttiiliiddBs  had  been 
exhausted ;  untH  a  Joeritt^ni  ddolam^dii  h&d  been  mtsm- 
ed  that  the  w)t^^  prol^Mitg  it  Would  not-  be  discon- 
tinuidd;  nor  untH  tlii  lut  appeal  ce«ild  no  longjBr  be  de- 
layed, without  breliking  doWh  the  'ii5)iiit  <rf^the  nation, 
destroying  all  c(H}fldence  in  itself  and  in  its  political  in- 
st4tution%  imd  either  perpetui^l  ft  slate  of  disgraceful 
su^ring,  <f  r^alnlug^  more  4^1y  f^^  more 

sev^  st^rt^gles  4or  lost^  rani  ia^^  among  inde- 

pendent Boiiffi.    .        .       .     '   .       .       .        .       . 

^  iLs  the  war  was  just  iH  its  origin,  and  neeteaai^  and 
noble  in  its  ohjeets,  we  can  reftpel  with  *  proij^  saitisfiic- 
tion  i^at,  in  earfjfmg  it  on,  ii6  {ME%G|pV^  justice  or 
honor,  no  iMagts  (#  dimliiei  nitidns,  ii6  '^imep^ist  court- 
esy  ot  hu^Miiityy  b^i»  |>c^  inlHilge^  lli«  #ttf  has 
been  w«ged  pn  c^m*  part  with  wrttpiilo«ii«i»|i^  to  all 
these  obligadons,  and  in  a  spirit  of  llberidity  Which  was 
nei^wpinsed. 

**  Ho#l!!tlle  haft  been  the  effiiici  df  Mi  iiisample  on  the 
conduet^  Idle  f^mny ! 

'^lley  have  ietliihedM  prisoners  of  war,  and  threat- 


f 


mm 


■mm 


^mM^ 


mmm 


-  ■'■•■■'■  *■  >-i<iiJ 


WMt 

w* 

Wm 

m  ' 

m 

mEm 

^P' ' 

m 

w 

1 

11 

f  If :' 


fee    •Hi'v:^*  ■ 


i*'(*i^r;. 


288 


Madison's  nrAuouHAL  addbebs. 


[1813. 


ened  to  punish  as  traitors  and  deserters,  persons  emigraVt 
ing  withotit  rittmint  to  the  tJnited  SCates ;  inoorpor4te4 
by  naturallluinoki  kto  otir  poKtfcal  ftmily,  and  ngh^bg 
und«r  the  aifHidrity  of  Mr  adopted  eotintry,  in  open 
and  honoraMiB  Dritffltlw  fbr  the  ttiaiiitenanoe  of  its  ri^ts 
and  sttft^tj^;  Bneh  Is  th€f  avowed  ptirpose  of  a  Qovemmdnt 
whidh  is  in  the  praetkse  of  nattiralisbg  by  thousands, 
citizens  of  other  countries,  and  not  only  of  permitting, 
but  iooiifpelliiig  them  t«>  %ht  its  blittles  a^^ainst  their 
nati^  country. 

^They  have  not,  it  is  true,  taken  into  their  own  hands, 
the  hatchet  and  die  kni^  devoted  to  indSscrhninate  pas- 
saore  ;  but  they  hare  let  loose  the  savages^  armed  Avith 
these  cniel  inistnimf^iits;  have  allured  them  into  their 
service^  and  carrMl  i&em  t6  battle  by  their  sides,  eager 
to  gkt  Mteir  satage  thirst  vdth  We  blood  of  the  vaUf 
quished,  and  to  iliiii^  th«  work  of  t^^tutfe  and  death  oi, 
maimed  and' deMec3e8S<!«p(IVes    . 

•  •'•  •  -      i  '   '    »  •  •  •  •  • 

^*  j|.nd  imw  we  ind  them,  ^  fiirther  contempt  of  the 
m  Jites  Q^  honoiiable  tvtue^^  snpj^lyi^  the  pla^  of  a 
conveying  force  by  attempts  to  msorg^mieie  our  political 
society,  to  dismember  oiir  Confederated  Bt^blic;  Hap- 
pily, ISce  others,  these  win  recoQ  on  the  auth^ ;  butthey 
ma^  th»^^gewi«M;e^otKimels^l^  ifrhieh  iU^  eiliaiiate ; 
and  «if  *  they  did  not  beliong  to  a  series  of  nnexan^led 
inconsistences,  might  exeite  the  ^«ater.woiider»  ^  pfo- 
ceedingfhim  a  €krirermn^^Pdl  Ibli^^ 
in  wMeh  it  hii  b^f|6lilig  ^{(a^^ 
the  ^soiganla^g^ittd  fnK^M^onal  poliey  ^l^i^m- 
satf.    ■  ,•;  %.'^v^'  :. 

<'To  render  the  justice  of  the  war  on  o«f  part  ihe 
nuMr«%oiJipteaoifi|  ^  rieltKtftnco  to  cdnnieiiioaffpps  foV 
lowed  by  the  easiest  and  strongest  mw^MMmmM  j 

*i;gilniiFk»noB. 


<i 


^M:^^ 


1813.] 


MADISON'S  INAUOUBAL   ADDBESS. 


289 


pOr 


disposition  to  arrest  its  progress.  The  sword  was  scarce- 
ly out  of  the  scabbard,  before  the  enemy^as  apprised 
of  the  reasonable  terms  on  which  it  would  be  resheath- 
ed.  Still  more  precise  advances  were  repeated,  and  have 
been  received  in  a  spirit  forbidding  every  reliance  not 
placed  on  the  military  i eeources  of  the  nation. 

''  These  resources  are  amply  sufficient  to  bring  the  war 
to  an  honorable  issue.  Our  nation  is,  in  number,  more 
than  half  that  of  the  British  Isles.  It  is  composed  of 
a  brave,  a  free,  a  virtuous  and  an  intelligent  people. 
Our  country  abounds  in  the  necessaries,  the  arts,  and  the 
comforts  of  life.  A  general  prosperity  is  visible  in  th« 
public  cotmtenance.  The  means  employed  by  the  Brit- 
ish Cabinet  to  undeimine  it  have  recoiled  on  themselves ; 
have  given  to  our  national  faculties  a  more  rapid  devel- 
opment ;  and  draining  and  diverting  the  precious  metals 
from  British  cu*culation  and  British  vaults,  have  poured 
them  into  those  of  the  United  States.  It  is  a  propi- 
tious consideration,  that  an  unavoidable  war  should  have 
found  this  seasonable  facility  for  the  contributions  re- 
quired to  support  it.  When  the  public  voice  called  for 
war,  all  knew,  and  sfciU  know,  that  without  them  it  could 
Dot  be  carriedfon  through  the  period  which  it  might  last ; 
and  the  patriotism,  the  good  sense,  and  the  manly  spirit 
of  our  fellow-citizens,  are  pledges  for  the  cheerftilness 
with  which  they  will  bear  each  his  share  of  the  common 
burden.  To  render  the  war  shori;,  and  its  success  sure, 
animated  and  systematic  exertions  alone  are  necessary ; 
and  the  success  of  our  arms  now  may  long  preserve 
our  country  Jrom  the  necessity  of  another  resort  to 
them.'-  • 

On  the  15th  of  March,  Olaibome  issued  the  following 

proclamation:  "Whereas,  I  have  received  information 

that  upon,  or  near  the  shores  of  Lake  Barataria,  within 

the  limits  and  jurisdiction  of  this  State,  a  considerable 

19 


« 


U 


5'^; 


Li  *      <         •  I 


ii-r;ti 


It 


^■■'' 


290 


THE  SMUOOLEBS   OF      BABATABIA. 


[1818. 


number  of  banditti,  composed  of  individuals  of  different 
nations,  bav^armed  and  equipped  several  vessels  for  the 
avowed  purpose  of  crttising  on  the  high  seas^  and  com- 
mitting depredations  and  piracies  on  the  vessels  of  na- 
tions in  peace  with  the  United  States,  and  carrying  on 
an  illicit  trade  in  goods,  wares  and  merchandise  with  the 
inhabitants  of  this  State,  in  opposition  to  ihe  laws  of 
the  United  States,  and  to  the  great  injury  of  the  £ur 
trader  and  of  the  public  revenue ;  and  whereas  there  is  a 
reasonable  ground  to  fear  that  the  parties  thus  waging 
lawless  war  will  cease  to  respect  the  persons  and  proper- 
^ty  of  the  good  citizens  of  this  State,  I  have  thought 
proper  to  issue  this  my  proclamation,  hereby  commanding 
the  persons  eng^d  as  aforesaid  in  such  unlawfol  acts 
to  cease  therefrom,  and  forthwith  to  disperse  and  sepa- 
rate; and  I  do  charge, and  require  all  oncers, civil  and 
militar}^,  in  this  State,  each  within  his  xespeetive  district, 
to  be  vigilant  and  active  in  apprehending  and  securing 
every  individual  engaged  as  aforesaid  in  the  violation  of 
the  laws;  and  I  do  caution  the  people  of  this  State 
against  holding  any  kind  of  interco^irse,  or  being  in  any 
manner  concerned,  with  such  high  offenders;  and  I  do 
also  earnestly  exhort  each  and  every  goq§  citizen  to  af- 
ford help,  protection  and  support  to  the  olScers  in  sup- 
pressing a  combination  so  destructive  to  the  interests  of 
the  United  States,  and  of  this  State  in  particular,  and 
to  rescue  Louisiana  from  the  &)ul  reproach  jvhich  would 
attach  to  her  chajracter,  should  her  shores  afford  any 
asylum,  or  her  citizens  countenance,  to  an  association  of 
individuals  whose  practices  are  so  subyeinve  of  all  laws, 
human  and  divine,  and  of  whose  ill-bego%en  treasure  no 
man  can  partajte,  without  being  forever  dishonored,  and 
exposing  himself  to  the  severest  punishment." 

This  proclamation  did  upt  previBWt  the  individuals 
therein  mentioned  from  appearing  daily  in  the  streets  of 


1^ 

■:tS, 


*. 


r 


118. 

ent 
the 
om- 


1811] 


DAirOl&lt  09  INDIAH  HOSTnjTIES^n 


291 


na* 


5  on 
I  the 

rs  of 

sisa 

roper- 
suglit 
ucdng 
1  acts 

sepa- 
il  and 
istiict, 
Icimiig 
;ion  of 

State 

in  any 
dido 

to  af- 
sup- 
•ests  of 
lar,  and 
would 
:d  any 
ition  of 
[lilaws, 
jure  no 
I,  and 

tviduals 
peetsof 


New  Orleans^  and  from  carrying  on  their  trade  with  its 
citizend  without  much  danger  or  impediment. 

There  were  other  wild  guests  #ho  at  that  t»me  used  w 
tQ  pay  frequent  yisits  to  New  Grlean*.  These  w  ere  nu* 
mero^is  bands  o?  Choctaws,  who^  when  under  Ibhe  influx 
ence  Of  intoxication,'  would  otfben  proTe  a  dangerous 
nuisance.  Several  Parishes  of  the  State,  among  others^ 
those  of  St.  Tammany,  St.  Kelesa  and  Baton  Rouge^  . 
were  exposed  to  Indian  depredation^  and  the  apprehen> 
sioM  of  ^heir  inh&bit&nts  became  sa  great,  that  several 
farms  were  abandoned,  and  the  settlers  fled  to  the  in-: 
terior  for  safety.   ' 

The  belief  that  the  British  meditated  an  attack  against 
Louisiana  was  daily  gahiing  ground.^'i^t  was  sadly  in 
want  of  arms  And  munitions  of  war,  and  yet  the  Govern- 
ment of  th^  United  'Sl«t^  hadi  withdrawn  jfrom  the 
State  one  Regiment  of  inftntty  (rf  the  i*egtdar  troops, 
of  which  measure  Olubome  immediately  complained  to 
James  Brown  and  ^ligiiie  FromeutiOj  who  had  succeed^ 
ed  Magiuder  and  ^<^  in  dkei  Senate  of  the  United 
States.  ^He  #epres^|H;ed  to  them  ifhe  defenceless  state  of 
the  country^  and' also  expatiated  at  length  on  thesu€e^ 
ings  aiid  los^esrof  the  plant^*s  tm  aoootmt  of  the  over* 

flows  of  the^^i^sidsipi^ij  M^i^'^'^  ^^^  Pftrish  of  OonoOTdiir 
down  to  the  Parilh  of  Plaquemine  indnsively.  Svdi 
New  Ofleang  had  been  partly  inu adated  by  a  break  in^ 
the  levee  JrtiiKenner'splantieition,  some  ten  or  twelve 
miles  above  ^he  city.  Ffoinentin  had  been  appdinted 
one  of  l^e;  Judges  of  the  Supreme  Court  by  Gdvemor 
Claibottte;  ttt^l^ad^  been  rejected  by  the  Senate.  But  » 
8hoMy  itftef^iu^'- he  yirks  ei^ed  by  tht? .  aited  vote  of 
both^'houiep^^^  the  Fede)<al  Senate  for  the  temf  of  six 
years,  which  was  an  ample  compensation  fer  any  mortxfl- 
cati(»i  t^ieh  hi^n^t  hai^e  felt  from  his  defeated  aspi- 

]^tioftS''tO  the'BeUeh*-^        ■■'■^T;*f:"rs  -«^:'^-»t?r  ;;'-    :  \^:z.:- .-^1: , 


^h 


;r 


la. .  .' 


H 


••• 

i 


kiJ 


■it  • 


ill 

K*f    ■  Ml' 

Lj'  ■  - 


fe;.:'v.. 


|P7 '''4' !'4i '."«■&;,■»*/.■■   ' 


i 


292  CONFLAGRATIONS   AND   OVERFLOWS.  [1818. 

This  overflow  was  not  the  only  calamity  from  .which 
^  New  Orleanf  was  to  suffer.  It  was  afflicted  as  much  by 
*  Are  as  by  water.  Ooiill'tant  conflagrations  had  produced 
a  feeling  of  despondency  in  the  inhabitants,  as  no  one. 
was  sure  ol^a  safe  night's  rest  in  his  own  hoiise,  which  nlight 
be  burned  over  his  head  before  the  next  ditwn  of  day. 
To  remedy  the  evil,  Claiborne,  on  the  26th  of  June,  of. 
fered  a  reward  of  one  thousand  dollars  to  any  individual 
who  chould  give  sucih  information  as  might  lead  to  the 
discover}'  and  punishment  of  thes«  liurking  inc^diaries. 
Shortly  after,  a  female  slave,  thirteen  yean  old,  having 
been  sentenced  t'o  death  on  conviction  of  arson,  under 
circumstances  which  had  inclined  the  Governor  to  the 
granting  of  a  re^eve,  with  a  view  perhaps  to  a  final 
pardon,  doubts  were  raised  as  to  his  authority  to  ex- 
ercise tha^  power,  on  the  curious  ground  that  slaves,  not 
being  parties  to  the  Constitution,  could  not  derive  any 
benefit  from  that  instrument.  The  case  was  referred  fo 
F.  X.  Martin,  who  was  then  Attom^-Gen^til,  ^d  who 
afterward  became  Chief-Justice'o^hci State.,  The  At- 
torney-General replied:  "That  hei^uld  ^ot  find  miy- 
thing  in  the  Constitution  or  laws  of  the  State  which 
authorized  the  Governor  to  commute  the  fninishmllit  of 
any  person,  free  or  slave,  and  did  not  believe  that  such 
a  ^wer  was  impliedly  vested  in  the  Qoveliior  by  virtue 
of  his  office.  * 

"  That  the  Governor  might  reprieve  any  peisoQ,  bond 
or  free,  after  conviction,  till  he  should  hav^  an  opportu- 
nity of  consultmg  the  Senate.  ,       i    ,, 

"  The  power  of  reprieving,"  said  he,, "  i^lnweseiy  gfi ven 
by  the  Constitution  in  cases  of  high  treafi^n.  jKenee  a 
plausible  argument  might  be  drawn  that  h^lo^y  in  teaser 
oflfemvss.  > 

^'  But  the  power  of  pardoning  mmit  i&clude^that  of 
reprieving ;  for,  during  the  greatest^  part  of  the  yeai',  the 


■i^ 


18. 

ich 

ced 

igU 
iay. 
),  of. 
dual 

tlie 
iries. 
tving 
iiader 
J  the 

final 
x>  ex- 
>8,not 
re  any 
iredtb 
1  wbo 
le  At- 

ims- 

tof 
ft  eucli 
virtue 

bond 
>rtu- 

given 

a 

Msser 

tbat  of 
the 


1818.] 


F.  X  MABTIN   017  THS  OONSTITnnOir. 


293 


Senate  not  being  in  session,  if  the  Governor  cannot  ft- 
prieve  alone,  culprits  must  undergo  punishtnent  before 
][he  Senate  niay  be  consulted,  unljfcs  the  cburt  will  post- 
pone the  execution  of  their  sentence  till  the  meeting  of 
the  Senate.  •  *        " 

'*  It  is  said  that  slaves  are  not  parties  to  the  Constitu- 
tion, and  therefore  cannot  derive  any  benefit  from  any 
clause  in  that  instrument,  and  the  |[}ovemor,  derivingthe 
power  of  pardoning,  and  consequent!,^  that  of  reprieving, 
from  the  Constitution,  cannot  exert  it  in  favor  of  slaves. 
Neitlier  is  an  alien  party  to  our  Constitution  or  laws, 
y6t,  when  tried,  h«  must,be  tried  according  to  them,  not 
&om  any  right  he  has  to  their  benefit,  but  because 
our  judges  have  no  other  rule  to  g<^by,  and  duQ  not 
authorized  to  proceed  without  any  rule.  An  alien  en- 
'  emy,  if  tried  here,  wotiid  be  tried  by  a  jury,  would 
have  idvery  advaiatage  which  a  citizen  might  claim,  and, 
no  doubt,  if  his  case  eddied  for  it,  would  ))e  entitled  to 
the  clemency  of  th6  State  in  the  mode  imown  to  the 
Constitution  and  laws.  K  there  was  not  a  particular 
mod|  pointed  out  bjrlaw  for  the  trial  of  slaves,  no  court 
or  judge  could  try  ^em  in  dr^j  other  mode  than  that 
in  which  freeiflfen  are  tried.  If  there  be  (owe  there  is) 
no  mode  pointed  out  by  which  the  Governor  is  to  act 
toward  them  when  they  are  the  object  of  the  clemeney 
of  the  Stf^te,  he  must  act  toward  a  slave  as  he  would 
toward  another  human  being.  For  although,  in  civil 
cases,  slaves  are  considered  as  things,  in  criminal  cases 
they  are  considered  as  men."  , 

IliQ  Qonstiti)ilion  being  a  new  thing,  to  which  the  peo- 
ple were  unused;  1;he  different  constructions  put  upon  it 
by  tlffi  public  min&  Were  manifold,  and  some  of  them,  by 
their  eztraordinaaiy  nature,  show  how  very  little  that  doc- 
ument was  generdl^  understood  in  the  first  years  of  its 


WEM. 


■■■:<;\^ 


294 


-#<     OSKDIT  OF..U.  B.  IMPAIBED. 


[1813. 


■f.% 


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eflstence.    Tbe  Constitutional  question  which  I  hftve 
cited  is  one  of  the  many  which  were  frequently  mooted. 
On  the  15th  of  July^,  Claiborne  addres9^  to  one  of 
the  Louigiana  Senators  in  Congress,  Eligius  Fromentin, 
a  letter,  in  which  he  depicted  to  him  the  neglected  con- 
dition of  the  State  in  a  uilitar}'  point  of  view.    '^The 
Third  United  States  Regiment,"  he  said,  '^  commenced  its 
ascent  of  the  Mississippi  a  few  days  since.    I  much  fear 
this  regiment  yn!l\  \^  considerably  reduced  previous  to 
its  arrival  at  Cincinnati,    The  recent  overflowings  of  the 
river  have  left  on  its  margin  an  immense  mass  of  vege- 
table matter,  which,  under  the  influence  of  a  hot  Rum- 
mer's sun,  will  soon  be  in  a  state  of  putreffuition,  and 
must  render  the  fktmosphe^^  greatly  insali^brioua    The 
departure  of  the, Third  Regiment  has  diminished  one- 
half  the  regular  forces  in  thi%  quarter,  and  leaves  us 
much  exposed.    I  have  issued  orders- for  l|olding*in  a 
state  of  requi^ition  a  strong  detaqhmentrof  niilitia,  to 
take  the  field  in  case  of  insurrection,  invasion,  or  imminent 
danger  of  invasion.    But  the  arraying  of  this  force  will 
necessarily  be  attended  with  d^ay^  ^nd'to  the  general 
want  of  discipline  will  be  added  a  scarcity  of  arms,  uhless 
the  loans  of  muskets  desired  can  be  obtained  frouj^  the 
General  Department,  and  speedily  forwarded. 
J*  The  non-payment  of  the  bills  drawn  by  Oo}onel 
Shaumburgh  on  the  Secretary  of  War  has  i^rioualy  af- 
fected the  credit  of  the  War  Department  in  this  State, 
and  will,  I  fear,  much  injury  the  service.     Oolonel^haum- 
burgh's  bills  in  many  cases  Ml  into  the  J^iands  of  private 
individuals,  who|n  thek  rejection  subiuitted  to,  s^qus 
embarrassments.    I  leaiii  a(^  that  the^claiiQS,  of^J^y 
citizenafor  lab^i*  d<>n^  qt  materials  furnishei)  at  thM  dif- 
ferent fortifications,  remain,  for  the  want  of  fiinds^  unliqui- 
dated.   It  is  not  tbrn^  to  inquire  %w  fisu:  th^v^ip^eieys 


jliqui- 


1818.]         INADEQUATE  FBOTKOTION  FBOM  THE  U.  S. 


295 


expended  in  this  State  under  the  authority  of  the  War 
Department  have  been  judiciously  appropriated.  But 
I  sincerely  regret  that  so  many^rsons,  relying  on  the 
credit  and  good  faith  of  Government  and  its  officers, 
should  have  sustained  ii^ury.*' 

One  of  the  Louil^na  Senators,  Jam^s  Browu,  who  had 
also  been  addressed  on  the  same  subject,  replied  in  these 
terms :  ^  It  is  with  extreme  pain  that  I  discover  that  the 
force  destined  for  the  defence  of  oi^*  State,  instead  of  be- 
ing augmented,  is  daily  diminishing.  I  have  only  to 
assure  you  that  no  pains  on  my  part  have  been  wanting 
to  induce  the  General  Government  to  alter  its  course  on 
that  head,  and  to  afford  us  something  like  an  adequate 
protection.        .        .        .        .        ^      , 

^*  So  generally  has  our  coast  been  menaced,  so  numer- 
ous have  been  the  calls  on  the  Department  for  protection 
at  the  different  points  immediately  threatened,  and  so 
limited  are  the  funds  assigned  to  that  object,  that  the 
complaints  of  our  distant  State,  although  reiterated  and 
enforced  in  the  best  manner  I  c603d  devise,  have  resulted 
in  a  manner  in  the  highest  degree  unsatisfactory  and 
mortifying  to  me.  The  removal  of  the  Third  Regiment, 
and  what  is  more  extraordinary,  its  removal  by  water, 
is  a  policy  which  I  do  not  appK>ve,  and  against  which  I 
have  directly  and  repeatedly  remonstrated,  f* 
^  Such  being  the  defenceless  condition  of  Louisiana,  it 
became  necessary  to  compel  a  speedy  organization  of 
the  militia,  and  it  was  presumed  that  a  draft  would  be 
resorted  to,  but  the  mere  recommendation  of  that  meas- 
ure produced  much  discQutent  in  some  quarters.  On 
the  81st  of  July,  Claiborne  addressed  Colonel  Placide 
Bossier,  of  Natchitoches,  on  the  subject.  He  informed 
that  officer  that  the  Adjutant-Genei^al  would  inclose  him 

*  Execattye  State  Joomal,  p.  138,  yol.  1. 


*■'■>■  v'>  ■„:. 


.  '  ■riv:   '-  V 


M-l/:J\ 


■'!i*i7 


?' 


\i.r""^ 


iitii 

S"J 

§  r 

f. 

".il' 


296 


THE  MILITIA  TO   BE  GALLED  OUT. 


[1813. 


the  commiBsions  which  he  solicited,  and  that  his  exer- 
tions to  organize  his  regiment  were  confidently  relied  on 
hy  the  Government.  "  The  war  in  which  our  country  is 
involved,"  wrote  Claiborne,  "rages  with  unabated  fury, 
and  there  appears  no  prospect  of  a  speedy  peace.  The 
Creek  Indians  manifest  an  unfriendly  disposition  to- 
ward the  United  States,  and  seven  hundred  warriors  of 
that  tribe,  well  armed,  have  recently  crossed  the  Perdido. 
It  is  probable  they  may  be  mot,  and,  I  trust,  driven 
back  by  the  troops  of  the  United  States  on  that  station. 
As  a  measure  of  precaution,  which  the  crisis  seemed  to 
render  indispensable,  I  have  ordered  a  detachment  of 
militia  to  be  holden  in  readiness  for  actual  service,  and 
to  be  obtained  by  draft,  if  the  same  should  become  nec- 
essary. A  quota  of  this  detachment  has  been  assigned 
to  the  First  Brigade,  and  quotas  will  be  assigned  to  the 
several  other  brigades  throughout  the  State,  so  soon  as 
the  regiments  attached  to  each  brigade  shall  be  organ- 
ized. I  repeat.  Sir,  that  this  is  only  a  measure  of  pre- 
caution, and  that  the  citizens  composing  the  detachment 
will  not  bo  called  from  their  homes,  unless  in  case  of  in- 
surrection, or  when  the  public  safety  shall  require  it ; 
and,  in  no  event,  to  be  marched  out  of  the  limits  of  the 
State.  Essential  as  this  measure  is  to  the  public  safety, 
it  has,  nevertheless,  been  ^assailed  with  all  the  bitterness 
of  party,  and  is  spoken  of  as  the  act  of  a  tyrant.  It 
consoles  me,  however,  to  know  that  these  furious  at- 
tacks are  only  made  by  a  disappointed,  and,  I  believe, 
unprincipled  faction  in  this  city,  against  whose  efforts  to 
produce  disorder  the  good  sense  of  the  people  will,  I 
trust,  be  an  ample  barrier,  an4  against  whose  calumnies 
as  regards  myself,  I  oppose  a  life  exclusively  devoted  to 
honorable  pursuits." 

In  the  midst  of  all  this  war  agitation,  the  population 
of  New  Orlea:    was  thrown  into  a  ferment  by  a  decis- 


1818.] 


jnDICIAL  DECISION   ON   TIIE  BATTURK. 


297 


ion  of  th(t  District  (^ourt  of  Louieiana  in  the  Huit  of 
£dward  Laviagston  against  Le  Breton  D'Orgenois,  the 
Marshal  of  the  Uuitod  States.  The  decision  declared 
"  illegal "  the  interference  of  President  Jetferson  in  the 
case  of  the  Batture,  and  directed  the  claimant  to  be  re- 
stored to  the  possession  of  the  alluvial  land  kno^^'n 
under  that  name.  The  Marshal  refused  to  appeal  from 
that  decision,  and  the  City  Council  of  New  Orleans 
passed  a  resolution  whereby  the  Governor  was  invited 
to  appeal  in  behalf  of  the  city  and  the  State,  on  the 
ground  that  the  rights  of  both  were  infringed  in  the 
premises.  In  relation  to  this  affair,  Governor  Claiborne 
wrote  to  the  late  President  Jefferson :  "  Considering 
the  Batture  as  a  part  of  the  bed  of  the  Mississippi,  and 
included  within  the  port  of  New  Orleans,  I  shall  have 
recourse  to  our  State  Courts  to  enjoin  Mr.  Livingston 
against  exercising  any  acts  of  ownership  over  the  same, 
or  in  any  manner  obstructing  the  navigation  of  the 
Mississippi,  which  is  declared  to  be  a  great  highway,  and 
the  free  use  of  which,  as  well  to  the  inhabitants  of 
this  State,  as  of  the  other  States,  is  one  of  the  considera- 
tions on  which  Louisiana  was  admitted  into  the  Union. 
Mr.  Livingston  has  found  means  either  to  neutralize,  or 
to  make  active  partisans  of,  most  of  the  lawyers  in  the 
State.  The  people,  however,  are  fortunate  in  receiving 
the  support  of  the  Attorney-General,  F.  X.  Martin,  and 
of  Messrs.  Moreau  Lislet  and  Fielding  Turner,  three 
distinguished  lawyers,  and  I  entertain  strong  hopes  that 
we  may  yet  be  enabled  to  maintain  the  rights  of  the 
public." 

On  application  of  the  Attorney-General,  James  Pitot, 
the  Parish  Judge,  granted  an  injunction,  but  subse- 
quently dissolved  it,  on  the  following  grounds :  That, 
until  it  was  shown  that  Mr.  Livingston  had  done  some 
act  to  Uei*4ve  the  citizens  of  the  use  of  the  Batture,  or 


* 


r.A<^;.'  <; 


t*  "* 


298 


f^;    MASSACRES   BY   THE  INDIANS. 


[1813. 


'm^^-^ 


Jf^ !,  ill. 


4^    - 


i 


11 T  .>"'» 


erected  some  works  thereon  wliich  might  obstnict  the 
navigation  of  the  Mississippi,  judicial  interference  would 
be  premature  and  improper.  "  Thus  the  case  rests  for 
the  present,"  wrote  Claiborne  to  Thomas  Boiling  Robert- 
son, the  representative  of  Louisiana  in  the  lower  House 
at  Washington ;  "  nor  has  Mr.  Livingston  yet  thought 
proper  to  prosecute  the  Mayor  of  New  Orleans,  or  the 
inhabitants,  who  are  in  the  habit  of  taking,  as  formerly, 
dirt  from  the  Batture.  I  am  extreto^ly  desirous  to  have 
the  rights  of  title  to  the  Batture  finally  settled,  but 
feel  some  difficulty  as  to  the  best  manner  of  bringing 
the  question  fairly  before  our  courts." 

In  the  month  of  September,  the  population  of  New  Or- 
leans was  informed  that  the  war  with  the  Creek  Indians 
was  assuming  a  serious  aspect,  that  a  fort  twenty-five 
miles  from  Mobile  had  been  taken  by  them,  and  three 
hundred  and  fifty  men,  women  and  children  had  been 
cruelly  massacred.  It  was  confidently' reported  that 
many  slaves  had  escaped  from  their  masters  to  join  the 
Indians,  and  it  was  feared  also  that  the  Choctaws  would 
soon  become  hostile.  Hence  increased  vigilance  was 
required  throughout  Louisiana,  and  Claiborne  sent  a 
circular  to  all  the  militia  colonels,  pressing  upon  them 
the  necessity  of  being  ready  to  meet  all  emergencies 
whatever;  and,  on  the  11th  of  September,  he  dei)arted 
through  Bayou  St.  John  for  the  Parish  of  St.  Tammany, 
to  take  measures  for  the  safety  of  its  inhabitants,  who 
were  much  exposed  to  the  depredations  of  the  Indians.* 
From  St.  Tammany  he  proceeded  to  Baton  Rouge  by 
way  of  St.  Helena,  and  then  went  to  Lafourche,  from 
which  he  journeyed  to  the  Aibtakapas  and  Opelousas 
districts,  actively  engaged  in  making  what  preparations 
he  could  for  the  defence  of  Louisiana  with  the  scanty 
materials  which  the  State  possessed  at  the  time.    He 

•  E^cutive  State  Journal,  p.  152,  vol.  1. 


1813.] 


CLAIBOBNE'S   mDIAlf  TALK. 


299 


lany, 

wlio 
* 


even  went  as  far  as  Natchitoches,  where  a  great  many 
Spanish  families  had  taken  refuge  from  the  neighboring 
province  of  Texas,  which  was  then  in  a  state  of  revolu- 
tion. These  fugitives,  to  the  number  of  about  twelve 
hundred,  had  crossed  the  Sabine  in  the  most  destitute 
condition,  which  had  been  generously  relieved  by  the 
adjacent  parishes  in  Louisiana. 

Being  at  Natchitoches,  Claiborne  availed  himself  of 
the  circumstance  t<>  jend,  on  the  18th  of  October,  what 
in  Indian  parlance  is  called  ^  a  talk,"  to  the  Great  Chief 
of  the  Caddo  Indians.  It  is  preserved  here  as  a  curious 
specimen  of  the  figurative  style  which  it  was  universally 
thought  proper  to  adopt  in  addressing  the  rude  war- 
riors and  primitive  denizens  of  the  wilderness :  "Friend 
and  Brother !  I  arrived  at  this  port  three  sleeps  past, 
and  learn  from  our  friend.  Dr.  Sibley,  that  you  had  only 
left  it  last  month.  I  should  rejoice  to  have  met  you 
here,  that  we  might  have  shaken  hands  in  friendship, 
and  smoked  and  conversed  under  the  «hade  of  the  same 
tree.  Seven  years  ago,  brother,  we  had  a  conference  at 
this  place,  Natchitoches,  and  mutually  promised  to  keep 
the  path  between  our  two  nations  white.  We  have  been 
long  in  authority,  and  know  from  experience  the  bless- 
ings of  peace.  We  will  endeavor  to  keep  the  chain 
bright  between  our  two  nations,  and  the  chiefs  who  fol- 
low us  may,  I  hope,  so  strengthen  it  that  our  children's 
children  will  live  together  as  neighbors  and  Mends. 

"  Brother,  the  United  States  are  like  the  oak  of  the 
forest — ^a  great  body  with  many  branches.  The  people 
of  the  United  States  are  composed  of  eighteen  families. 
Each  family  has  a  chief;  but  the  great  beloved  man  of 
all  is  your  father,  the  President,  who  stands  in  the  place 
of  the  Great  Washington.  Our  friend,  Dr.  Sibley,  is 
the  agent  of  the  President,  and  whatever  he  says  in  his 
name  you  must  receive  as  his  own  words.    I  have  seen, 


4m 


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300 


CLAIBOBNES   INDIAN  TALE. 


[1813. 


brother,  and  highly  approve  the  *  talk '  you  gave  out, 
when  you  were  last  in  council  at  this  point.  The  advice 
you  have  given  to  your  own  people,  and  to  all  Red  Men 
with  whom  you  have  influence,  is  that  of  a  father  to  his 
children.  I  hope  they  will  hold  it  fast,  and  live  in  con- 
stant peace  with  the  white  people. 

"  Brother,  seven  years  ago,  you  told  me  that  your  na- 
tion had  but  one  enemy,  the  Osages,  and  I  am  sorry  to 
hear  that  you  are  still  at  war  with  those  people.  I  have 
often  heard  of  the  Osages.  In  the  vast  hunting-grounds 
where  the  Great  Spirit  has  placed  a  sufficiency  of  buffalo, 
bear  and  deer  for  all  the  red  men,  the  Osages,  I  hear, 
have  already  robbed  the  hunters  of  all  nations,  and  their 
chiefs  still  wage  war  to  acquire  more  skins.  Among  the 
white  people,  brother,  there  is  also  a  nation  of  Osages. 
Beyond  the  sea  there  lives  a  people,  called  the  English, 
who  may  really  be  considered  white  Osages.  On  the 
big  water,  which  the  Great  Spirit  made  large  enough 
for  the  use  of  all  men^  the  English  have  already  plun- 
dered every  people,  and  their  chiefs  direct  the  continu- 
ance of  these  outrages.  Many  Americans,  peaceably 
navigating  the  big  water,  had  their  vessels  and  property 
taken  away  from  them,  and  others  were  compelled  to 
serve  on  board  of  war-canoes,  and  made  to  flght  against 
their  friends  and  countrymen.  But,  brother,  such  inju- 
ries could  not  be  endured ;  the  hearts  of  the  Americans 
have  become  cross;  they  have  raised  the  tomahawk, 
and  will  not  consent  to  bury  it  until  the  English  are 
just  toward  them.  The  warriors  of  your  father,  the 
President,  are  marching  into  the  country  of  our  enemy, 
and  the  thunder  of  our  great  war-canoes  is  heard  on 
every  sea. 

*  "  JBrother,  the  English,  unwilling  to  fight  us  man  to 
man,  have  called  upon  the  red  people  to  assist  them. 
With  tongues  as  forked  and  as  poisonous  as  a  snake's, 


1818.] 


OLAIBOBNE  S   INDUlN  TALK. 


801 


they  have  told  the  Indians  nianj  lieS)  and  made  fair 
promises  which  they  will  not  and  cannot  fulfill.  Thus  it 
is  that  many  of  the  Red  Men  have  been  prevailed  upon 
to  throw  away  the  peace-talks  of  their  father,  the  Presi- 
dent. But  the  Americans  have  the  power  and  the  will 
to  punish  all  their  enemies.  The  other  day,  the  Creeks, 
when  it  was  supposed  they  were  only  quarreling  among 
themselves,  surprised  one  of  our  forts,  and  spilled  much 
innocent  blood.  A  fly,  you  know,  brother,  may  disturb 
the  sleeping  lion;  but  our  warriors  are  now  in  arms 
against  the  Creeks,  and  it  will  not  be  in  the  power  of 
their  friends,  the  English,  to  shield  them  against  our 
vengeance. 

"  I  don't  like  many  words ;  but  there  is  something  on 
my  heart  which  I  must  relate  to  you.  I  hear  the  Creeks 
have  sent  runners  with  war-talks  to  the  Couchattas  and 
other  tribes,  your  neighbors,  but  I  hope  all  these  people 
will  look  up  to  you  as  an  elder  brother,  and  hold  fast 
your  good  advice.  When  your  father  was  a  chief^  the 
path  fix)m  your  towns  to  Natchitoches  was  clean,  and  if 
an  Indian  struck  the  people  of  Natchitoches,  it  was  the 
same  as  to  strike  him.  You  now,  brother,  stand  in  your 
father's  place.  I  wanted,  brother,  to  send  you  a  token 
of  ray  friendship.  To  a  chief,  a  man,  and  a  warrior, 
nothing  could  be  more  acceptable  than  a  sword,  but  a 
suitable  one  could  not  be  obtained  at  this  place.  I  have, 
therefore,  directed  that  a  sword  be  purchased  at  New 
Orleans  and  forwarded  to  Dr.  Sibley,  who  will  very 
soon  present  it  to  you  in  my  name.  Farewell,  brother; 
I  pray  the  Great  Spirit  to  preserve  you  in  health  and 
happiness." 

llie  month  of  November  had  nearly  elapsed,  and  the 
Baratarian  band  of  smugglers  against  whom  Claiborne 
had  issued  a  proclamation  on  the  15th  of  March  still 
continued  their  ill^al  pursuits,  as  if  no  obstacle  had 


^mm 

^^^^^m 

^44^^^^^ 

-">'« 


jm- tv- 


'^'^■^^ 


302 


PROCLAMATION  AGAINST  SMUOOLEBS. 


[1818. 


p,  ■  J,'        i 


1- 


.4- 


been  intended  to  be  thrown  in  their  way.    Wherefore, 
on  the  24th,  he  issued  this  second  proclamation :     t-?  - ; 

"  Whereas,"  he  said,  "  the  nefarious  practice  of  running 
in  contraband  goods  which  hau  hitherto  prevailed  in 
different  parts  of  this  State,  to  the  great  injury  of  1^ 
fair  trader,  and  the  diminution  of  the  revenue  of  the 
United  States,  has  of  late  much  increased ;  and  whereas 
the  violators  of  the  law,  emboldened  by  the  impunity  of 
past  trespasses,  no  longer  conceal  themselves  from  the 
view  of  the  honest  part  of  the  community,  but,  setting 
the  Government  at  defiance  in  broad  daylight,  openly 
carry  on  their  infamous  traffic  ;  and  whereas  it  has 
been  officially  known  to  me  that,  on  the  fourteenth  of 
the  last  month,  a  quantity  of  contraband  goods,  seized 
by  Walter  Gilbert,  an  officer  of  the  revenue  of  the  Uni- 
ted States,  were  forcibly  taken  from  him  in  open  day  at 
no  great  distance  from  the  city  of  New^Orleans,  by  a 
party  of  armed  men  under  the  orders  of  a  certain  John 
Lafitte,  who  fired  upon  and  grievously  wounded  one  of 
the  assistants  of  the  said  Walter  Gilbert  j  and  although 
process  has  issued  for  the  apprehension  of  him,  the 
said  John  Lafitte,  yet  such  is  the  countenance  and  pro- 
tection afforded  him,  or  the  terror  excited  by  the  threats 
of  himself  and  his  associates,  that  the  same  remains  un- 
executed : 

'^  **  And  whereas  the  apathy  of  the  good  people  of  this 
State  in  checking  practices  so  opposed  to  morality,  and 
to  the  laws  and  interests  of  the  United  States,  may  im- 
pair the  fair  character  which  Louisiana  maintains,  and 
ought  to  preserve  as  a  member  of  the  Americ^i  Union : 

"  I  have  thought  proper  to  issue  this  my  proclamation, 
hereby  strictly  charging  and  c(mimanding  all  officers  of 
the  State,  civil  arid  military,  in  their  respective  depart^ 
merits,  to  be  vigilant  arid  active  in  preveriting  the  viola- 
tiori  of  the  laws  in  the  prenuses,  and  in  apprehending 


1818.] 


JOHN  AND  FIEBBE  LAFITTE. 


303 


^. 


k!'« 


and  securing  all  persons  offending  therein  y  and  I  do  sol- 
emnly caution  all  and  singular  the  citizens  of  the  State 
against  giving  any  kind  of  succor,  support  or  counte- 
nance to  the  said  John  Lafitte  and  his  associates,  but  to 
oe  aiding  and  abetting  in  arresting  him  and  them,  and 
all  others  in  like  manner  offending ;  and  do  furthermore, 
in  the  name  of  the  State,  offer  a  reward  of  five  hundred 
dollars,  which  will  be  paid  out  of  the  treasury  to  any 
person  delivering  the  said  John  Lafitte  to  the  Sheriff  of 
the  Parish  of  Orleans,  or  to  any  other  Sheriff  in  the 
State,  so  that  the  said  John  Lafitte  may  be  brought  to 
justice." 

The  band  of  smu^lers  mentioned  in  this  prodama^ 
tion  was)  composed  of  desperate  men  of  all  nations, 
chiefly  under  the  command  of  two  brothers,  John  and 
Pierre  Lafitte,  who  were  originally  from  Bordeaux,  or, 
according  to  other  reports,  from  Bayonne,  but  who,  emi- 
grating from  their  native  country,  had  settled  in  New 
Orleans  as  blacksmiths.  Tempted  by  the  hope  of  making 
a  speedier  foiiiune  than  by  continuing  to  hammer  on  the 
anvil,  they  abandoned  the  honest  trade  they  were  en- 
gaged in  for  one  of  a  more  dangerous  character,  but 
promising  a  life  of  excitement,  which  was  probably  more 
congenial  to  their  temperament,  and  which  held  out^to 
them  ample  compensation  for  the  perils  they  were  to 
encounter.  They  began  with  being  the  agents  of  the 
Ikratarian  buccaneers  in  New  Orleans,  and  ended  with 
being  thdr  leaders,  and  being  proclaimed  outlaws  by  the 
country  where  they  resorted  for  illicit  purposes. 

On  the  coast  of  Louisiana,  west  of  the  mouth  of  the 
Mississippi,  there  is  an  island  called  Grande  Terre,  which 
ifr  six  miles  in  length  and  from  two  to  three  miles  in 
breadth,  running  parallel  with  the  coast.  Behind  that 
island,  abou^  six  miles  from  the  open  sea,  there  is  a  se- 
cure harbor  which  is  reached  by  the  great  pass  of  Bara- 


■^fWm 

m 

fSS^M 

■^iM^^SgM 

'^^^^^ 

•^n^F^^Jwfflm&uflnH^H 

n%~i  jL'^^j^BKflWrfcjli^^^HliJwll 

^:^^wS^^^M 

[  ''3i#UF jtfBg  ^£h 

1 

B 

1 

H 

^^a^M^iift^S^igSaBSswl^ 

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m 

H 

.if--: 


w 

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i' 

tv»  • 


)■• 


«.■'    i,r 


WV".-'' 

804 


DEEDS   OP  THE  BUCCANEERS. 


[I8in. 


taria,  in  which  there  are  from  nine  to  ten  feet  of  water. 
This  harbor  communicated  with  a  number  of  lakes,  la^ 
goons,  bayous,  sea-outlets,  and  canals,  leading  to  the  Mis- 
sissippi, and  which,  skirted  by  swampy  forests,  and  form- 
ing a  labyrinth  of  waters,  offered  a  tempting  field  of  op  i 
eration  to  the  Kobin  Hoods  of  the  sea.  These  men  pre- 
tended to  be  privateers  cruising  with  letters  of  marquo 
issued  by  France  and  the  new  Kepublic  of  Carthagena, 
to  prey  upon  the  commerce  of  Spain ;  but  the  world 
culled  them  pirates,  and  accused  them  of  capturing  ves- 
sels belonging  to  all  nations,  without  excepting  those 
of  the  United  States,  within  whose  territory  they 
brought  their  prizes  in  violation  of  law.  Many  horrible 
tales  were  related  of  them,  but  were  stoutly  denied  by 
their  friends,  who  were  numerous  and  influential. 

The  Government  of  the  United  States  had  attempted 
several  expeditions  against  them,  but  of  go  feeble  a  char- 
acter as  to  be  necessarily  abortive.  Whenever  any  attack 
was  meditated  against  the  buccaneers,  they  seemed  to  be 
mysteriously  informed  of  the  coming  danger,  and  in  time 
to  avoid  it.  On  such  occasions,  they  would  break  up 
their  settlement  and  carry  it  to  some  unknown  part  of 
the  coast ;  should  the  new  quarters  be  discovered  and 
threatened,  they  were  transported  elsewhere ;  and  the 
buccaneers  would  invariably  return  to  the  places 
formerly  occupied  by  them,  as  soon  as  evacuated  by 
their  foes.  It  was  even  rumored,  and  believed  by  many, 
that  the  pursuers  never  had  any  serious  intention  of 
capturing  the  pursued.  On  the  23d  of  June,  the  Eng- 
lish tried  whether  they  would  not  be  more  successful 
than  the  Americans,  and  one  of  their  sloops-of-war  attacked 
two  privateers  which  were  at  anchor  off  Cat  Island. 
This  time,  the  buccaneers,  smugglers,  or  pirates,  whatever 
be  the  name  which  they  were  entitled  to,  8{|j^owed  no  in- 
clination to  avoid  an  armed  collision,  as  they  generally 


'.It 


in- 
baUy 


1818.] 


THE  BABATABIAKS. 


305 


did,  when  threatened  by  the  American  navy,  but  they 
beat  off  the  English,  who  suffered  consdderable  loss. 

Major  A.  Laearriere  Latour,  who  was  then  "  Principal 
Engineer  in  the  Seventh  Military  District  of  the  United 
States,"  and  who  has  puMished  a  valuable  Historical 
Memoir,  with  maps,  <m  the  war  in  West  Florida  and 
Louisiana  in  1814  and  1816,  makes  the  following  re- 
marks on  a  state  of  things  which  he  had  seen,  and  on 
which,  therefore,  he  was  competent  to  pass  judgment  ac- 
curately :  "  Social  order  has  indeed  to  r^ret,"  he  said, 
"  that  those  men,  mostly  aliens,  and  cruising  under  a 
foreign  flag,  so  audaciously  infringed  our  laws  as  openly 
to  make  sale  of  their  goods  on  our  soil ;  but  what  is 
much  more  deplorable  and  equally  astonishing  is,  that 
the  agents  of  Government  in  this  country  so  long  toler- 
ated such  violations  of  our  laws,  or  at  least  delayed  for 
four  years  to  take  effectual  measures  to  put  a  stop  to 
these  lawless  practices.  It  cannot  be  pretended  that  the 
country  was  destitute  of  the  means  necessary  to  repress 
these  outrages.  The  troops  stationed  at  New  Orleans 
were  sufficient  for  that  purpose,  and  it  cannot  be  doubted 
but  that  a  well-conducted  expeuition  woidji  have  cleared 
our  waters  of  the  privateers,  and  a  flmpev  garrison 
stationed  at  the  place  they  made  their  harbor  would 
have  prevented  their  return.  The  species  of  impunity 
with  which  they  were  apparently  indued,  inasmuch  as 
no  rigorous  measures  were  resorted  to  against  them, 
made  the  contraband  trade  carried  on  at  Barataria  look 
as  if  tacitly  tolerated.  In  a  word,  it  m  a  fact  no  less 
true  than  painful  for  me  to  assert,  that,  at  Grande  Terre, 
the  privateer^)  publicly  made  sale,  by  auction^  of  the 
eai^oes  of  their  prizeSi  From  i^l  parts  of  Lower  Louis- 
iana people  resorted  to  Baratariav  without  being  at  all 
solicitous  to  ^nceal  the  object  of  their  jowney.  In  the 
streets  of  Nwr  Orleans  it  waft  usual  for  traders  to  give 
20 


■/'•tT 


m^m 


'^■:^:9m 


f'~ 

w. 

h; 

'w 

•  II 

$'■ 

tfl'. 

mm 


w:- 


♦  .  ;»'.. 


H: 


|i>;.yif,..;,:rjjwlr.;;<i  v    .  -,  ,■. 


806 


THE  BABATARIANS. 


[1818. 


and  receive  orders  for  purchasing  goods  at  Barataiia, 
with  as  little  secrecy  as  similar  orders  are  given  for  Phil* 
adelphia  or  New  York.  The  most  respectable  inhabitants 
of  the  8tate,  especially  those  living  in  the  country,  were 
in  the  habit  of  purchasing  smu^led  goods  coming  from 
Barataria.  The  ireqaent  seizui'es  made  of  those  goods 
were  but  an  ineffectual  ress  )dy  of  the  evil,  as  the  great 
profit  yielded  by  such  parcels  as  escaped  the  vigilance 
of  the  Custom-house  officers  indemnified  the  traders  for 
the  loss  of  what  they  had  p&id  for  the  goods  seized — ^their 
pxice  being  always  very  moderate,  by  reason  of  the 
quantity  of  prizes  brought  in,  and  of  the  Impatience  of 
the  captors  to  turn  them  into  money  and  sail  on  a  new 
cruize.  This  traffic  was  at  length  carried  on  with  such 
scjmdalous  notoriety,  that  the  agents  of  Government  in- 
curred very  general  and  open  reprehension ;  many  per- 
sons ccntending  that  they  had  interestoi  motives  for 
conniving  at  such  abuses,  as  smuggling  was  a  source  of 
confiscation  fi*om  which  they  derived  considerable  bene- 
fit." Such  were  the  evils  which  Claiborne's  last  procla- 
mation was  intended  to  remedy. 

But  Claibo»ip(  had  on  his  mind  far  weightier  consid- 
erations than  fm  capture  of  the  Baratarians.  The  month 
of  December  had  come  without  any  of  the  expected  as- 
sistance from  the  Federal  Government,  the  year  was 
closing  with  stiU  more  iLreatening  rumors  of  an  ap- 
proaching invasion  of  Louisiana,  and  Claiborne  could  not 
lose  sight  of  the  defenceless  condition  of  the  State  of 
which  he  was  the  Chief  Magistrate.  The  Federal  Gov- 
ernment was  either  deaf  to  his  repeated  entreaties  for 
men  and  munitions  of  war,  or  had  not  the  power  to 
grant  the  desired  supply.  General  Floumoy,  who  was 
in  command  of  the  United  States  military'  forces  on  the 
Mississippi,  had  informed  the  Governor  ^lat  he  could 
not  conveniently  concentrate  within  the  Sfte  more  than 


1813.] 


ANZIETIES  OF  THB  PUBL.      MIND. 


807 


seven  handred  men ;  and,  furthermore,  he  had  even  at- 
tempted to  deprive  it  of  a  part  of  its  own  internal 
means  of  defence,  by  having  made  a  requisition  for  one 
thousand  militiamen  to  be  employed  in  the  service  o^ 
the  United  States  during  six  mouths,  unless  sooner  dis- 
charged. The  public  mind  in  Louisiana,  at  the  close  of 
the  year,  was  therefore  in  a  considerable  state  of  anxiety, 
which  was  somewhat  relieved  by  the  news  of  several 
victories  obtained  over  the  Indians  by  Generals  Jackson, 
Moyd,  and  White,  at  the  head  of  the  Georgia  and  Ten- 
nessee militia. 


0m 


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f^m^  4^fc- 


:■!  '.fg^^-V  ,r;'    •■;:''5^""iS 


^m' 


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"lis" 


m 


^im: 


i'^ 

if-. 

-■■•"! 

..^' 

i  ■■■. ' 

>.'''''\"t\[j-''' 

■   /jS 

i     ' 

V ;.  ;J 

fdi 

,;'l 

'■•■■'  .^' 

r 
Hit."  ,,.. 
Iff.     ■■'!•   r' 


■MW'Kya 

oR^^' 

ShkVv'^ 

SfmS^'^'''     " 

CS^'£'I^I 

|^5p"  ' 

il'!!S 

Si'  ■ 

llKlf:3..!.5ffil 

llSjto'  .". 

Lfai«''  ■'■.'*>''?  '"■■if;  ■' 


CHAPTER  Vra. 


Claiborne's  adminibtbation-woiin  and  piidbb  lafittb,  chiefs 
of  the  barataiyans— thbib  noble  conduct— •pbbparationb 
for  war  in  louisiana. 

1814. 

'  The  Governor,  in  his  annual  message  At  the  opening 
of  the  Bession  of  the  Legislature,  on  the  4th  of  January, 
1814,  made  on  the  existing  war  between  Great  Britain  and 
the  United  States  remarks  which  are  not  inapplicable  to 
the  conflict  destined  long  afl«>i*  to  originaterin  the  system- 
atic oppression  attempted  to  be  enforced  by  the  North- 
ern and  Western  States  against  the  Southern  members 
of  the  Confederacy,  through  a  long  series  of  unconstitu- 
tional aggi'essions  inspired  by  an  inordinate  love  of 
political  power^and  plunder,  by  sectional  jealousies  and 
interests,  and  Itko  by  an  heredit>ary,  innate,  and  domi- 
neering spirit  of  Puritan  fanaticism.  *'  The  enemy,"  said 
Claiborne,  "  wholly  regardless  of  the  dictates  of  justice 
and  moderation,  shows  no  disposition  to  arrest  the  deso- 
lation of  war.  The  mediation  of  Russia,  so  readily  ac- 
cepted by  the  President  of  the  United  States,  has  been 
rejected,  and  the  accustomed  courtesy  of  an  audience 
has  been  denied  to  our  ambassadors.  The  time,  however, 
is  not  distant  when  this  repulsive  deportment  shall  be 
changed,  and  when  jwe  shall  exclaim — How  Ike  mighty  has 
faUen  f  An  overruling  Providence  directs  the  destinies 
of  nations,  and  moulds  their  conduct  to  I^is  purposes. 
Eightand-thirty  years  ago.  Great  Britain  manifested  a 

(308) 


■^i» 


1814.] 


EFFIOTS  OF  WAB. 


Spirit  of  injustice  nniilar  to  that  which  at  present  influ- 
encei  her  councik*  A  policy  alike  wicked  and  absurd 
was  avowedf  and  a  tyatem  of  violence  and  tyranny  to 
ward  Ameriea  pursued.  In  every  stage  of  oppression 
our  fathers  petitioned  for  redress,  htU  their  repeated  peti- 
tfkms  wei'e  only  anewered  by  repeated  injuries.  Hence  it 
was  that  the  war  of  the  Revolution  enlisted  ii  its  sup- 
port the  hand  and  heart  of  every  true  American,  The 
people  willed  it,  and  they  ftmnd  no  difficulty  in  conquer- 
ing for  themselves  and  posterity  the  rich  blessings  of 
peace  and  independence.'*  The  Governor  does  not 
shrink  from  exposing  to  the  Representatives  of  the  jieo- 
ple  the  anticipated  evils  of  war  in  all  their  horrid  nakt^d- 
ness.  He  vividly  describes  the  prostration  of  agricul- 
ture and  commercfk  He  laments  the  burdens  which 
must  necessarily  be  i^ieted  on  all  classes  of  society  for 
the  sLppoii;  of  fleets  and  armies,  the  loss  of  life  and  the 
general  increase  of  human  woes,  but  he  consoles  himself 
and  those  whom  he  addresses  with  the  aiMuranoe  that 
the  evil  of  war  which  he  so  feelingly  deplores  has  been 
productive  of  good,  by  unfolding  the  internal  resources 
of  Louisiana,  and  by  pointing  out  their  use. 

nH  During  a  tour,'' he  said,  "  which  I  made  the  past 
summer  and  fall,  through  the  different  counties  of  Louis- 
iana, the  loom  and  the  wheel  attracted  much  of  my  at- 
tention. I  was  often  within  view  of  the  one  and  the 
sound  of  the  other.  Our  fair  countrywomen,  to  me 
always  »ter(»l4Dg,  Mver  IwfoK.  appeared  ...  mock  so. 
Everywhere  I  saw  evidences  of  their  industry  and  do- 
mestic economy.  The  effects  of  such  examples  were 
obvious;  Fathers  of  ftmilies  have  netrenched  their  ex- 
peases,  aiid  the  young^^en  are  moM  incUned  to  indus- 
trious pursuits.  These  habits  will  ccmduce  no  less  to 
the  wellu^  of  individuals  than  to  that  of  the  State. 
The  times  call  for  private  and  public  frugality.    The 


310 


HUOOK8TEO   AMELIORATIONS. 


L1614. 


;i?''il:'i' 


■..*  V 


1  OT-.'».  ■.».■* S','.'V. 


.^' 


exinting  taxes,  greater  than  at  any  prior  period,  mmt 
necessarily  be  continued.  The  surplns  revenue  which, 
for  several  years,  had  accumalated  under  the  late  Terri- 
torial Government,  was  all  exhausted  by  the  donations 
to  literary  institutAons,  the  remuneration  to  sufferers  from 
the  late  insurrection  in  1810,  (ind  the  expenses  incurred 
by  the  Oonvention  of  Orleans.  The  State  administration 
commenced  at  an  inauspicious  moment.  An  empty  trms- 
ury  was  not  the  greatest  difficulty  to  encounter.  The 
war  which  immediately  ensued  depressed  commercial 
enterprise,  and  discouraged  agricultural  exertion ;  noi- 
was  the  hurricane  in  1812  more  destructive  to  the  iTuits 
of  the  farmer's  industry  than  the  subsequent  overflow- 
ings of  the  Mississippi.  Hence  have  arisen  our  final 
embarrassments;  hence  ihe  difficulty  which  may  in 
some  parishes  attend  the  payment  of  the  public  im- 
posts.'* 

Among  the  objects  recommended  by  the  Executive  to 
the  attention  of  the  Legislature  was  a  revision  of  the 
system  of  criminal  jurisprudence  then  in  vigor.  **It 
does  not  answer  the  end  of  justice,"  observed  Claiborne, 
"  and  is  attended  with  very  serious  expenses  to  the 
State."  He  took  this  occasion  to  insist  on  the  necessity 
of  making  provisions  for  the  employment  of  convicts 
sentenced  to  hard  labor  m  such  a  manner  as  to  remu- 
nerate the  State  for  the  charges  incident  to  their  support, 
or  of  substituting  tor  imprisonment  some  immediate 
corporal  punishment.  He  also  suggested  to  the  Legisla- 
ture, that  in  a  government  like  the  one  which  had  b^n 
recently  inaugurated  in  Louisiana,  it  wa»  desirable  that 
the  people  should  know  the  laws  by  which  they  were 
governed.  "  At  pre«ent,''  he  said,  **  we  are  referred  to 
civil,  common,  and  statute  law,  and  how  few  are  there 
who  can  give  a  legal  opinion  upon  any  question  of  in- 
terest ?    This  glorioua  tmcertmnby  may  suit  those  who 


■•>:<.' 


)- 


'"ii'S 


*1 


1814.] 


TOO  MUCH  LEGISLATION. 


811 


have  leisure  and  indination  to  profit  from  the  researcheH 
of  civilians  and  reporters ;  but  it  illy  comports  with  the 
convenience  of  the  great  mass  of  the  citisenH.  The  stat- 
ute laws  have  become  voluminous.  Acta  amendatory 
<md  supplementary  to  former  acta — in  addition  to,  or  re- 
pealing in  whole  or  in  part,  formier  acta,  are  so  numeroun 
as  to  confuse  inquiry.  It  might  probably  be  a  work  of 
labor  to  reduce  into  one  view  the  remedy  afforded  for 
every  wrong,  and  the  means  of  pursuing  redress ;  but 
it  would  not  be  an  arduous  undertaking  to  bring  into 
one  act  all  the  statutes  upon  the  same  subject,  and  I 
recommend  that  provision  be  made  for  sucli  a  compila- 
tion." 

These  remarks  of  the  Executive  show  that  Louisiana, 
on  the  very  threshold  of  its  existence  as  a  sovereign 
State,  was  already  suffering  from  too  much  legislation. 
Then,  as  now,  almost  every  member  of  both  houses  took 
his  seat  with  the  intention  to  change,  modify,  or  abro- 
gate qome  pre-existing  law,  or  introduce  some  new  en- 
actment, either  to  promote,  as  he  thought,  the  general 
welfare  of  the  community,  or  to  serve  his  own  private 
purposes,  if  not  those  of  designing  men  of  whom  he  had 
f  become  the  tool.  It  seems  also  that,  in  those  purer 
days  of  State  adolescence,  bribery,  corruption,  and  other 
undue  influences  were  not  unknown ;  for  Claiborne  re- 
quests the  Legislature  to  inquire  into  and  to  check  this 
"  fruitful  source  of  evil.*'  **  It  ought  never  to  be  forgot- 
ten," he  said,  ^  that  a  free  representation  forms  the  basis 
and  greatest  exoAlIenee  of  ref»*esentative  government, 
and  that,  whenever  the  freedom  of  opinion  at  elections 
is  destroyed,  the  fairest  principle  of^  Bepublicanism  is 
gone."  He  ffnally  ^mplimented  iiie  General  Assembly 
on  the  improvements  which  had  lately  taken  place  in 
the  organlz-ation  of  the  militia.  He  lemarked  that,  on 
the  8th  of  July  and  6th  of  September  last,  having  issued 


:  Vv."i*,»fl 


'*s 


\. 


r'i"^'  ft 


'♦v  y^f.  • .   '-AT-*;;, ficlnofifi 
.  ?•;:  i/  V;'  '■  -v  ^^£m\ 


r'v>*.v" 


312 


THE  BAEATAEIANS. 


[1814. 


ftil'ii ' 


orders  for  holding  in  readiness  a  disposable  militia  force 
to  take  the  field  at  a  moment's  warning,  the  cheeiful 
compliance  by  most  of  the  corps  was  a  proof  of  the 
love  of  country  by  which  they  were  animated,  and  of 
the  promptitude  with  which  they  would  have  obeyed  a 
further  call. 

On  the  20th  of  January,  the  Governor  was  informed 
by  the  United  States  Collector  that  four  hundred  and 
fifteen  negroes  had  lately  been  consigned  to  Pierre  and 
John  Iiafitte  at  Barataria,  and  that  they  v/ere  to  be  sold 
at  public  auction.  The  Collector  requested  that  a  strong 
force  be  organized  "  to  defeat  th.e  purpose  of  these  law 
infractors."  Four  days  after,  the  news  reached  New  Or- 
leans that  Stout,  a  temporar}'  inspector  of  the  revenue, 
who  had  been  stationed  by  the  Collector  near  the  place 
called  the  '^  Temple"  at  Barataria,  and  who  had  with  him 
twelve  men,  had  beea  attacked  by  John  Lafitte  and  his 
companions.  Stout  had  been  killed,  and  two  of  his  fol- 
lowers dangerously  wounded ;  the  rest  had  been  made 
prisoners.  The  Collector  immediately  laid  l^efore  the  G-ov- 
emor  all  the  circumstances  of  this  outrage,  with  these  re- 
marks :*  ''  It  is  high  time  that  these  contrabandists,  dis- 
persed throughout  the  State,  Should  be  taught  to  respect 
our  laws,  and  I  hold  it  my<di;ity  to  oall  on  your  Excel- 
lency for  a  force  adequate  to  the  exigency,  of  the  casd." 
i:  The  Governor  sent  ta  the  Legislature  qopies  of  the 
two  communications  whidlif  he  had  received  from  the 
>  Collector  on  the  subject,  with  the  recommendation  that 
suitable  provisions  be  made  to  hfeaik  up  the^  establish- 
me?it  of  those  lawless  mten  on  the  coast  of  X^uisiana. 
He  informed  the^.  th«t  tiJm  duty  was  to  be  perfoiwed 
by  thft  State,  beca^a^,  the  GifSAen^  ovi^mmaiiding  the  Fed- 
eral troops  in  the  district  which  embraced  Louisiana 
had  declared  that  he  found  it  inconvenient  to  the  service 


Biana 
Irvice 


1814.] 


THE  BABATABIANS. 


313 


to  withdraw  at  tbe  mconeni  any  part  of  them  from  the 
important  and  exposed  posts  which  they  occupied,  al- 
though he  had  proposed,  should  any  militia  force  be  em- 
ployed^ to  afford  such  facilities  in  rations,  camp  equipage, 
munitions  and  oth^r  supplies,  as  might  conveniently  be 
issued  £rom  the  public  stores. 

"  My  present  powers  are  doubtless  competent  to  the 
ordering  of  a  detachment  of  militia  on  this  service,  but 
I  owe  it  to  myself  and  to  the  State  to  guard  against  even 
the  probability :  of  a  miscarriage.  ■..  For  it  would  indeed 
be  a  melancholy  occurrence,  if  the  men  to  be  detailed 
for  this  duty,  encouraged  to  disobedience  by  the  late 
conduct  of  some  militia  corps,  should  furnish  evidence 
of  the  inability  of  the  Executive  to  enforce,  on  this  occa- 
sion, the  supremacy  of  the  laws.  I  therefore  recommend 
this  subject  to  your  immediate  consideration."  He  fur- 
ther added:  "The  evil  requires  a  strong  connective. 
Force  must  be  resorted  to.  These  lawless  men  can  alone 
be  operated  upon  by  their  fears  and  the  certainty  of 
punishment.  I  have  not  been  enabled  to  ascertain  their 
numbers ;  by  some  they  are  estimated  from  one  liundi-ed 
to  one  hufidred  and  ^y,  and  hy  others  they  are  reprer 
sented  to  be  lirom  three  hundred  to  five  hundred ;  aad  it 
is  added^  that  their  principal  place  of  depot  for  their 
plunder,  aa  island  within  thelJAke  Barataria,  is  defended 
by  severaVpiecM  of  cannon."  "  Bat,''  continued  the  Gov- 
ernor, '^  so  aystemotio  is  the  {dmn  on  which  this  daring 
attempt  agaonst  the  laws  @£  our  country  is  conducted''- 
so  numerous  a&db<dd  are  the  foUowwsof  Lafttt«,and, 
I  grieve  to  say  it,  tndi  is  thc«  oountenAnoe  aflB»Fded  him 
by  seme  of  our  citizens,  to  me  untoiow%  that  all  e£Ports 
to  apprehend  thie  hi|^  ofibnder  haT#  h^herto  been  baf- 
fled." A  Committee  was  appointed  by  the  General  As- 
sembly to  conununicate  with  the  Governor  on  the  subject 
to  which  he  had  called  their  attention.    But  in  the  mean 


It!:^ 


"■"■'^ji 


If  ^iirlS'i 


■i-:- 


9WS^%1' 

^^Pll 

■ 

^Jhh^;]; 

,,       ;.'! 

A^iii'- 

■■       '  .' 

^m' 

f  •  '  ' 

Ki; 

'».  'ill: 


.»■     *  • 


<l>->r 


314 


THE  BABATARIANS. 


[1814, 


time,  Lafitte,  with  the  utmost  unconcern  as  to  ultimate 
consequences,  was  in  the  daily  habit  of  sending  his  con- 
traband goods  to  Donaldson ville,  situated  at  the  junction 
of  Bayou  Lafourche  with  the  Mississippi,  and  to  several 
other  points  of  the  river,  imder  the .  escort  of  strong  de- 
tachments of  armed  men,  who  put  at  defiance  all  inter- 
ference with  their  trade.*  His  confidence  seems  to  have 
been  well  founded,  since  the  Legislature,  on  account  of 
the  want  of  iunds,  postponed  to  some  more  opportune 
moment  the  organization  of  the  militaiy  expedition  which 
Claiborne  had  so  earnestly  solicited. 

Time  elapsed,  and  the  pirates  of  Barataria,  as  they  were 
called,  remained  undisturbed,  but  Collector  Dubourg  and 
the  Governor  were  not  discouraged  by  the  supineness  of 
the  Legislature  of  the  State,  or  the  indifference  of  the 
Federal  Government.  On  the  2d  of  March,  he  sent 
again  the  following  message  to  the  General  Assembly : 
"  I  lay  before  you  a  letter  which  was  addressed  to  me  on 
yesterday  by  Colonel  Dubourg,  the  Collector  for  the 
District  of  Louisiana,  from  which  you  will  perceive  the 
great  and  continued  violations,  within  this  State,  of  the 
non-intercourse,  the  embargo,  and  other  laws  of  the 
United  States,  and  the  necessity  of  affording  to  the 
officers  of  the  revenue  the  support  of  an  armed  force 
whilst  in  the  discharge  of  their  duty.  General  Flournoy 
not  deeming  it  prudent  to  withdraw,  for  the  present,  any 
of  the  regular  troops  under  his  command  from  the  im- 
portant and  exposed  posts  they  occupy,  the  Collector  of 
the  District  conceives  it  a  duty,  in  conformity  with  in- 
structions fix)m  the  General  Government,  to  apply  once 
more  to  the  C^ief  Magistrate  of  Louisiana  for  such  aid 
08  win  enable  ^  &ffi/;er%  i^  the  revenue  to  fulfU  their  oh- 
tiona. 


*  Executive  Journal.    The  pages  can  no  longer  be  referred  to,  as  thej  cease 
to  be  numbered. 


1814.] 


THE  BABATABIANS. 


315 


*'  I  entreat  you,  tberefore,  to  fornisli  me  with  the  means 
of  cooperating,  on  this  occasion,  with  promptitude  and 
effect.  It  is  desirable  to  disperse  those  desperate  men 
on  Lake  Barataria,  whose  piracies  have  rendered  our 
shores  a  terror  to  neutral  iflags,  and  diverted  from  New 
Orleans  that  lucrative  intercourse  with  Vera  Oruz  and 
other  neutral  ports  which  formerly  filled  our  Banks  with 
the  richest  deposits.  It  is  no  loss  an  object  to  put  an 
end  to  that  system  of  smuggling  which  exists  to  the  dis- 
grace of  the  State,  the  injury  of  the  feir  trader,  and  the 
diminution,  as  I  am  advised,  of  the  circulating  medium 
of  this  city  in  so  great  a  degree  as  is  likely  to  produce 
serious  commercial  emblirrassments,  than  it  is  important, 
abovig  all,  to  prevent  breaches  of  the  embargo  law,  and 
to  mar  the  projects  of  those  traitors  who  would  wish 
to  carry  Supj^Hes  to  the  enemy.  To  enable  me  to  accom- 
plish these  ends,  o^:  at  least  some  of  them,  I  ask  for 
authority  to  raise  by  voluntary  enlistment  a  force  of  not 
less  than*  one  captain,  one  first  lieutenant,  one  second 
lieutenant,  one  third  lieutenant,  one  drummer,  one  fifer, 
and  one  hundred  privates,  to  serve  for  six  months  unless 
sooner  discharged,  and  to  be  employed  under  the  ordi|rs 
of  the  Governor  in  diispersinff  aSiy  armed  association  of 
individuals  within  this  State,  having  for  object  the 
violation  of  the  laws  of  the  United  States,  and  to  assist 
the  officel^  of  the  revenue  in  enforcing  the  provisions  of 
the  embargo,  n6n-interoourse,  and  other  acts  of  Congress. 
The  oflftcers,  non-commissioned  officers  and  privates  to 
be  (^ititled  to  the  same  pay,  rations  and  emoluments  as 
are  allowed  the  troopis  of  the  United  States,  and  to  be 
subject  to  the  rules  and  articles  of  wttr  as  prescribed  by 
Congj^ess.       .        .        .       .        .  ^     1       .        .        . 

•  •  •  •  •  •  •  •  •  •■ 

"  As  this  corps  will  be  solely  employed  in  enforcing 
the  laws  of  the  United  States,  I  am  persuaded  the  Gen- 


1 


.:  V^<^i< 


;*+/ 


m 


\\ 


'^W;;i^ 


iff  J'J'»;;••^  V"^'-.  *  '.  ■    ■■ 

HI  ■•■■■• '^-i^r^,:: 

■  '..'■■       ■\\'*'   :' ■'■'\'JJ  ■' t'M 


.>•! 


316 


THE  BABATARIAN8. 


[1814. 


eral  Government  will  readily  defray  any  expense  whicli 
may  attend  the  raising  and  maintaining  of  the  same. 
But  if  in  this  reasonable  expectation  we  should  be  dis- 
appointed, I  would  advise  that  the  corps  be  immediately 
discharged,  for  the  present  embarrassments  of  our  treas- 
ury will  not  admit  of  its  remaining  in  service  at  the 
expense  of  the  State." 

This  message  could  not,  and  did  not,  produce  on  the 
General  Assembly  the  stimulating  effect  which  \V^as  de- 
sired by  the  Executive.  Most  of  the  members  of  that 
body  were  aware  that  their  constituents  thought  them- 
selves much  benefited  by  the  illicit  trade  which  the 
Governor  wished  to  suppress,  and  they  did  not  care  to 
be  put  to  the  expense  and  trouble  of  collecting  revenue 
for  a  Government  which  could  not  make  itself  respected 
by  a  handful  of  depredators,  whom  it  affected  to  look 
upon  as  the  scum  of  the  earth.  The  backwardness  of  the 
Legislature  to  act  in  this  matter  waa  extremely  unpala- 
table to  Claiborne ;  the  more  so,  because  he  was  already 
much  annoyed  by  the  persevering  opposition  of  the  8en- 
late  to  many  of  his  appointments,  and  particularly  in  re- 
l#ion  to  the^  filling  up  of  the  vacancy  on  the  Supreme 
B^Dch  occasioned  by  the  resismation  of  D.  Hall,  who  had 
accepted  from  the  President  a  oiommission  as  District 
Judge  of  the  United  States  in  and  ibr  the  State  of  Louis- 
iana. The  Governor  had  made  five  successive  nomina- 
tions to  supply  that  vacancy,  which  had  been  rejected 
by  the  Senate.  As  the  time  for  the  adjournment  of  that 
body  was  drawing  near,  the  Gm^emor  thought  proper  to 
submit  to  the  Attorney-General,  F.  X.  Martin^  the  fol- 
lowing questions : 

Ist.  "  Whether,  Ih  filling  up  a  vacancy  in  the  Supreme 
Court  during  the  session  of  the  Senate,  the  Governor  is 
not  bound,  accordkg  to  the  true  intent  and  G^rit  of  the 
Coiistitution,  to  exercise  his  free  agency  in  the  nominating 


-f". 


1814.] 


F.   X.   MABTIN   OS   THE   COlfSTITUTIOIf. 


317  . 


power,  and  whether  he  ought  not  to  resist  all  attempts 
of  the  Senate  to  influence  or  direct  him  in  the  nomina-., 
tion  ?  f 

2d.  ""Whether,  if  the  Senate  continue  to  reject  every* 

*  individual  proposed  by  the  Governor,  until  the  one  they^^ 

wish  to  be  appointed  ba  presented,  the  vacancy  may  bo  j 

filled  during  the  recess  of  the  Legislature  ?  i 

3d.  "  Whether,  the  Supreme  Court  may  not  be  consid* : 
ered  as  competent  to  the  dispatch  of  business,  two  judges^ 
being  present,  the  existence  of  the  vacancy  notwithstand- 4 
ing?" 

The  Attorney  •General,  in  his  reply,  expressed  himself;.^ 
as  not  being  able  to  conceive  that  a  doubt  might  existh| 
as  to  the  obligation  under  which  the  Cocstitution  had  t 
placed  the  Governor,  to  exert  his  free  agf  i>cy  in  the  ex-^, 
ercise  of  so  important  an  act  as  the  nomination  of  onOjf 
of  the  chiei  judiciary  magistrates,  and  absolutely  to  Te^:^ 
pel  the  slightest  attempt  from  any  man,  or  body  of  men, 
not  excepting  the  Senate,  to  influence  or  direct  his  nom- 
ination by  any  other  means  than  by  affording  him  infor- 
mation or  advice.    The  Attorney-General  felt  no  hedf^ 
tation  in  saying  that,  if  it  wei*e  possible  that  a  nu^oritft 
of  the  Senate  should  attempt  to  force  the  Governor  tp.^ 
nominate  a  person  whom,  in  his  judgment,  he  migh%^ 
consider  as  unfit  for  the  office,  or  improper  to  be  appoint*^ 
ed,  and  should,  for  the  purpose  of  insuring  compliance^j^ 
to  their  wishes,  determine  on  rejecting  every  other  pw-\ 
son  whom  the  Governor  might  propose,  then  it  would 
become  the  duty  of  the  Governor  |o  resist  sucL  an  e^- 
croachment,  because  it  would  be  a  violation  of  the  Con- 
stitution. 

"  The  Constitution  has  provided,"  asid  the  Attorney-^ 
General,  ^^  that  judges  of  the  Supreme  Court  shall  be 
appointed  by  the  joinl^M^  of  the  GovemQr  and  the  Sen- 
ate.   Now,  in  the  case  put,  were  the  Governor  to  yield 


■•■■^•^^?lr.« 


mm 


l'«7'"V3l 


■"''if  ■ 


».*  :^' 


* 


.:i,J  .t-J 


.  -:'  ^ 


?i- 


V  » 


318 


F.  X.  MARTIN   ON   THE  CONSTITFTION. 


[i 


iol4. 


to  the  Senate,  the  judge  would  be  appointed  ly  their 
sole  act.  The  Governor  could  not  be  said  to  have  par- 
ticipated in  the  appointment,  if  he  were  forced  into  com- 
pliance. Neither  the  Governor  nor  the  Senate  can  alone 
appoint  a  judge.  If  the  person  chosen  by  the  Governor 
be  not  agreeable  to  the  Senate,  it  becomes  hiw  duty  to 
look  for  another  person  it  may  approve.  Likewise,  if 
the  Senate  desire  that  the  office  may  be  filled  by  a  per- 
son whom  the  Governor  disapproves,  it  becomes  their 
bounden.  duty  to  abandon  him,  and  fairly  to  exercise  a 
sound  judgment  on  every  person  presented  afterward, 
until  one  agreeable  both  to  the  Governor  and  Senate  is 
fallen  upon.  For  it  cannot  be  concluded  that,  because 
the  gentleman  whom  the  Senate  im^ne  to  be  most  suit- 
able does  not  appear  in  the  same  light  to  the  Governor, 
no  appointment  is  to  take  place,  or  that  the  Governor 
may  allow  the  Senate  to  choose  aloney        . 

The  Attorney-General  further  said,  that  if  such  a  dis- 
agreement between  the  Senate  and  the  Executive  were 
^fortunately  persisted  in,  and  if  the  Senate  adjourned 
li^thout  advifdng,  or  consenting  to,  a  nomination,  the 
vacancy  could  not  be  filled  till  the  next  meeting  of  the 
Senate,  because  the  text  of  the  Constitution  is,  thaC  the 
Governor  siuHl  have  poiwer  to  fitl  wp  va^oa/ndes  thai  may 
happen  dm  i/ng  the  recess  of  (he  Legislature^  bif  granting 
commission  ?  that  shall  eoepvre  at  ^£end  of  the  neast  session. 
"If,  after  ho  has  had  an  opportunity  of  consulting  the 
Senate,"  argued  the^Attomey-Genertd,  "the  Governor 
were  to  appcint  a  judge,  he  would,  by  his  sole  act,  do 
that  which  the  Constitution  has  said  should  be  done  by 
the  Jmnt  act  of  Mia  and  the  Senate.  He  would  annlhi 
late  the  right  of  the  Senate  in  the  same  manner  as  they 
would  his,  if  a  majority  of  tha^body  were  to  bind 
themselves  to  reject  every  person  proposed  by  him,  till 


i.>\ 


ai 


anibi 
as  they 
bind 


1814.] 


PBOJ£OTED   INVASION   OF  TEXAS. 


319 


the 
upon 


(Governor 


offered  the  one  they  had    determined 


Lastly,  the  Attorney-General  believed  ihat  the  Su- 
preme Court  was  competent  to  transact  business,  when 
two  judges  were  on  the  Bench,  notwithstanding  the  va- 
cancy of  the  third  seat.  He  further  stated  that  the  three 
learned  jurists  who  had  filled  the  bench  of  the  Supreme 
Court  had  always  acted  on  that  piinciple,  as  the  Consti- 
tution provided  that  two  judges  should  form  a  quorum. 

The  official  opinion  of  the  Attorney-General  failed  to 
bring  to  a  conceii;  of  action  the  two  conflicting  powers, 
and  the  Senate  adjourned  without  any  appointment 
being  made  for  the  Supreme  Court. 

On  the  23d  of  March,  Claiborne,  having  received  in- 
formation that  a  number  of  individuals  within  the  limits 
and  jurisdiction  of  the  State  were  engaged  in  raising 
troops,  and  preparing  the  means  for  a  hostile  incursion 
into  the  Spanish  province  of  Texas,  with  a  view  of  aiding 
in  the  overthrow  of  the  Government  of  Spain  in  and 
over  that  province,  and  having  been  instructed  by  the 
Federal  Government  to  take  the  necessary  and  proper 
steps  to  prevent  any  design  of  the  kind  from  being  c^ 
ried  into  ef^ed^  issued  a  proclamation  cautioning  eacn 
and  every  good  citizen  of  Louisiana,  and  ai}}  oth^  per- 
sons within  the  limits  and  jurisdiction  of  the  same,  against 
being  concerned  in,  or  in  any  manner  giving  aid  and 
countenance  to,  any  such  unauthorized  expedition,  and 
warning  than  of  the  penalties  to  be  incurred  thereby. 
He  ftirthor  strictly  charged  and  commanded  «ivery  offi- 
cer, civil  and  military,  within  the  State,  each  iii  his  prop- 
er station,  to  be  vigilant  and  active  in  opposing  and 
preventing  measures  so  contrary  to  thd  Uws,  and  so  haz- 
ardous to  the  peace  and  tranquillity  of  this  and  other 
States  of  the  Union,  aid  in  securing  and  bringing  to  trial, 
judgment  and  punishment  every  such  of&snder.    This 


0 


■Mm 

'"•lis 


"•.fi^'?^'' 


^ily:>i 


•hi 


320 


REQUISITION   ON  THE  MILITIA. 


[1814. 


proclamat7on  put  an  end  to  the  intended  expedition  for 
tbe  present,  the  principal  leaders  of  which  were  a  Doctor 
John  H.  Robinson,  who  had  been  in  the  service  of  the 
United  States  Government,  General  Toledo,  late  com- 
mander of  the  revolutionists  in  the  province  of  Texas, 
and  General  Humbert,  a  Frenchman,  who,  having  incur- 
red the  displeasure  of  Napoleon,  had  been  exiled  frou. 
his  country,  and  was  ready  to  embark  in  any  kind  of 
reckless  adventure  to  better  his  fortune. 

Seven  days  after  the  issuing  of  this  proclamation,  there 
came  out  of  the  Executive  Office  a  public  document,  in 
the  shape  of  a  circular  to  the  officers  of  the  militia,  which, 
to  be  understood,  requires  a  short  retrospect  into  past 
events.  It  has  been  stated  before,  that  Claiborne,  on  the 
26th  of  December,  had  issued  oi-ders  to  carry  into  exe- 
cution a  requisition  made  by  the  President  on  the>  State 
of  Louisiana,  for  the  raising  of  an  aiuFiliary  force  to  be 
enlisted  in  the  service  of  the  United  States.  In  the  in- 
terior counties  of  Louisiana  this  requisition  met  with  no 
opposition.  It  was  promptly  obeyed,*  and  the  militia 
0f  the  Second  Division,  which  included  the  district  of 
mton  Rouge  and  the  more  western  counties  of  the  State, 
were  promptly  arrayed,  and  marched  to  the  point  of 
general  rendezvous,  the  Magazine  Bajracks,  opposite  New 
Orleans.  But  in  some  of  the  settlements  on  the  Missis- 
sippi, and  particularly  in  the  city  of  New  Orle^iid,  which 
were  embraced  within  the  first  division  of  the  mUiti^  a 
great  spirit  of  insubordination  was  manifested,  if  Clai- 
borne's testimony  is  to  be  taken  as  entirely  correet.  The 
people  were  told  l^rough  the  medium  of  the  public 
prints,  that  there  was  "no  law  to  authorize,  and  no  ne 
cessity  to  justify  t^e  requisition."  11©  Governor  was 
denounced  as  "  the  tyrant  of  the  day,  and  resistance  to 
his  orders  was  advised^'' v  The  public  mind  was  greatly 

,^^'      *  Claibomo'B  Letter  to  Gen.  ThomM  Flooniojr,  Maibh  8d,  1814 


1814.1 


• 

i 


IN8UB0BDINATI0N   OF  THE  MILITIA. 


321 


agitated,  a^d  the  funeral  feeling  evidently  much  inclined 
against  him.  "  With  the  exception^"  writes  Claiborne, 
"  of  three  or  foiir  companies  of  the  city  militia,  whoii^ 
conduct  met  my  highest  approbation,  my  orders  were 
not  only  disregarded,  but  resohUions  expressive  of  de- 
termined dieobedienoe  wese  entered  into  by  the  non-com- 
missioned officers  and  privates  of  several  separate  corps, 
and  transmitted  to  me.  It  is^  howeverg^lue  to  the  corps 
to  add,  that  their  reBoluti(»is  conveyed  ^^iiiirances  of  the 
promptitude  with  which  ^ey  would  repair  to  arms  in 
case  of  actual  invasion,  wad  some  of  them  eicpressed  a 
i  eaduiess  to  do  duty  by  oompanies  within  the  city  and 
suburbs  under  th^  own  officers.  But  all  protested 
against  entering  the  ewvioe  of  the  United  States,  either 
as  voluntee:  or  drafted  irilitia." 

This  was  the  language  of  Clatborae  in  Mitrch.  It  cer- 
tainly-expressed viewaand  sentiments  in  relation  to  the 
militia  very  diffident  from  those  contained  in  his  mes- 
sage to  the  Legialatura  m  the  begsnning  of  January,  and 
recorded  in  the  pfeoediog  pages.  With  regard  to  the 
Legislatui'e  itself  he  wrote  to  Oeneial  i^ourcoy :  ^  I  had 
anticipated  support  from  the  Legialatm^  of  the  State,  i^d 
flattered  mya^  that  their  sanction  of  the  measure  would 
hav«  calmed  the  aagry  passions^  and  invited  to  harmony 
and  subordinatioQ.  But  the  Senate  ei  Louisiana,  in 
their  answer  to  my  address  to  the  two  Houses^  thought 
proper,  in  relation  to  tlia  **  Fe%msitioiij!'  to  uae  a  language 
which  ten^dsd  still  move  to  isdispoBe  the  public  senti- 
ment, aoid  a  tej^etms^hfM  Ckaomitteo  of  that  honor- 
able body,  which  w«nt,  lu^  oi4y  to  dedbife  the  requisi- 
tion iUe^  Mid  uiinecessaif^,  but  in^&gec%  toqueition 
the  puia^  0f  tibe  motile  ^ieh  ^eetad  my  oondiict, 
Wfis  lost  Bser'Sly  by  the  cMrtiag  vote  of  the  IWident. 
In  the  HoBse  of  B(^»e8entative%  an  0l^^)imsi»iik^  appro- 
hixHon  waa.r^seted  byi  I  beliavei  one  vote,  and  although 
21 


m 

m 

-A' ail 


fm:0^ 


.?.'t-?.;'Vv/l::^5skvl.: 


•^w 


•,''!M 


■■<; 


^si^' 


■?> 


W-l 


t?i' 


■!< 


iS 


!?». 


^i 


^%.: 


322 


INSUBOBDINATION   OF  THE   MILITIA. 


[1814. 


no  censure  direct  was  attempted,  yet  a  refueal  to  ap- 
prove left  an  impreesion  ou  the  public  mind  no  less  in- 
jurious to  my  authority  than  the  avowed  hostility  of  the 
Senate." 

^.  The  anival  about  this  time  at  the  Magazine  Barracks 
of  near  four  hunc^red  of  the  militia  of  the  Second  Divis- 
ion, gave  Claibor>.f  some  reason  to  hope  that  so  patri- 
otic an  exampln,  might  produce  beneficial  effects ;  and 
on  the  21st  oiiiSebruary,  he  issued  a  proclamation  renew- 
ing the  orders  of  the  25th  of  December,  and  directing 
defaulters  of  every  rank  to  be  proceeded  against  in  such 
manner  as  milititfy  usage  and  the  laws  might  juBtii3\ 
But  this  had  no  other  effect  than  to  inflame  still  more 
the  public  mina,  and  to  draw  down  upon  him  an  increased 
mass  of  abuse.  It  was  again  asserted  in  the  public 
prints  that  there  was  no  law,  no,  necessity,  no  danger  to 
justify  such  a  measure;  and  the  oj^posing  of  force  to 
force,  if  necessary,  was  not  only  advised,  but  almost  de- 
termined on.  The  o^lcers  oonuuanding  most  of  the  city 
corps  wei-e  assembled  with  the.  most  conciliatory  views 
on  the  part  of  Mi^or-General  Yiller^^  but  with  no  satis- 
factory result.  On  the  contrary,  to  the  declaration  of  a 
positive  unwillingness  to  obey  the  requisition,  which,  on 
a  former  occasion,  had  been  ejii|)ressed  by  the  non4com- 
missioned  officers  and  privates,  was  now  added  a  like  de- 
termination by  their  several  commanders,  who,  however, 
gave  the  most  emphatic  assurances  of  their  readiness  "to 
turn  out  in  case  of  actual  invasion,''  and  who  declared 
that,  in  the  mean  time,  th«ir  men  did  not  olijeet  to  do 
duty  by  companies  under  tiie  orders  oimiU^  officers 
within  the  dty  and  Buburb%but  to  be  relieved  at  short 
intervals.  T^e  secret  ^  all  tius  oppositioa  wa%  t^e  in- 
vincible repugnance  of  the  €hi3ole  and  French  papulation 
to  be  enlisted  in  the  service  of  the  United  Siatea  under 
officera  not  of  their  own  choosing,  and  their  appirehension 


•X,  '<> 


;i8i4. 

»  ap- 
m  in- 
)ftlie 

'racks 
Oivis- 
patri- 
;  and 
renew- 
recting 
Q  such 
jiurtify. 
L  more 
sreased 
public 
iger  to 
brce  to 
loat  dc- 
hc  city 
f  views 
10  satis- 
ion  of  a 
bichfOn 

[>Il«COIU- 

,like4e- 
lOwever, 
less  "to 
iedared 
lit  to  do 

ioffioer» 
at  short 
^.ijiein- 
pulation 
es  under 
eheusion 


1814.] 


# 


• 


DANGER   OF  ▲   CIVIL   WAB. 


828 


of  being  sent  oat  of  the  State,  for  which  alone  they  were 
disposed  at  thn^  time  to  shed  their  blood. 

These  occurrences  did  not  pass  unnoticed  by  the 
militia  stationed  at  the  Ma^'ozine  Barracks,  and  chiefly 
composed  of  Americans.  Their  officers  had  a  meeting, 
and  sent  to  Claiborne  an  address,  in  which  they  protest- 
ed for  themselves  and  their  men  against  being  mustered 
into  the  sei  vice  of  the  United  States,  until  his  orders  of 
the  25th  of  December,  1818,  and  2l8t  of  February,  1814, 
were  obe^'ed  by  the  city  militia ;  and,  being  wrought  to  a 
high  Aefptee  of  excitement,  ^  they  made  a  tender  of  their 
services  to  enforce  obedience."  This  circumstance,  when 
known,  produced  so  mttch  irritation  in  Ihe  bosoms  of 
those  who  were  thus  threatened,  that  it  would  have  led 
to  a  civil  war,  and  to  the  drenching  of  the  streets  of 
New  Orleans  with  blood,  if  Claiborne  h»d  acted  with 
less  discretion  and  prudence.  "  It  is  unnecessary  to  say," 
he  wrote  to  Floumoy,  "that  such  tender  of  service  was 
not  accepted.  Neither  my  judgment  nor  my  feelings 
approved  of  the  raising  of  tiie  arm  of  one  citissm  against 
his  brother.  The  detadiment  of  militia  at  the  Magazine 
Barracks  were  in  consequence  given  to  understand,  that 
agaiilst  the  city  corps  I  shonH  alone  ctirect  thfe  force  of 
the  law  J  which  at  best  was  feeble,  but  would,  I  fear,  in 
the  present  case,  prove  wholly  inoperative,  from  the  un- 
willingness of  the  {)eople  to  co-operate;  and  that,  in  like 
manner,  no  coercion  would  be  used  to  mustcir  the  militia 
from  iheinterif^  into  the  service  of  the  United  States." 
This  determination  discontented  that  detaehment  of 
militia  to  such  an  extent,  that  more  than  forty  men 
deserted  in  a'  single  n^ht,  and  Clai^bonw  thought  it 
prudent  to  discharge  the  rest  and  send  them  back  to  their 
respective  eonntiesb 

^I  shflH  ii^^r  cease  to  lamentj"  such  were  (Haibome's 
expres^ons  of  mournM  r^ret  to  Mournoy,  ''that  this 


'  .4. 


■     :'■  ■'  :.»V;-,..i..i4te!l 
'If.;..'''  *■  >„-T.s..'.. V   iifti'    .:  .!• 


-  ■  ^-■■■-  ■•..-■,>'*V- KE*{' 


.:;k 


'M 


mm 


i'\  ^y>> 


l'- 


'4\;:T;; 


:':;.j;>.^ 


rf!  V 


-^'1 


1-'  :  ■ 


':«''i 


*^-''^'^^.^' 


•" , 


324 


OLAIBORTOS   AND  THE  MILITIA. 


[1814. 


measure  of  the  Government  tbould  have  been  wholly 
^  defeated,  and  by  the  very  people  for  whose  benefit  it 
was  intended,  and  for  whose  safety  I  believed  it  to  have 
been  necessary.  A  militia  requisition  is  at  all  times  un- 
pleasant, and  I  had  calculated  on  some  trouble  in  carry- 
ing the  late  one  into  eftect.  But  I  confess  that  anything 
like  a  general  combination  against  it  had  not  entered 
my  mind.  I  an  happy,  however,  in  the  belief  that  the 
great  body  of  the  militia  are  yet  sound,  and,  in  the  event 
of  an  invasion,  I  persuade  mys^  that  the  city  corps 
would  meet  the  enemy  with  promptitude  and  irmness. 
But  what  I  must  regret  is,  that  they  will  not  submit  to 
mch  previous  discipline  as  is  certainly  necci^^Bcr}-  to  their 
combating  witn  advantage.  Hence,  in  the  moment  of 
peril,  we  must  place  our  greatest  reliance  on  the  regular 
troopSy  and  if  the  State  is  seriously  menaced,  a  due  re- 
ga^'d  to  its  safety  would  urge  tiieir  immediate  augmenta- 
tion. Among  those  who  opposed  your  requisition  for  a 
militia  military  force  were,  doubtless,  many  individuals 
who  really  believed  it  unnecessary,  Ulegal,  and  oppress- 
ive. But  there  were  others,  whose  opposition  was  more 
guided  by  personal  than  public  considerations.  I  have 
been  too  long  in  power  in  Louisiana  not  to  have  attract- 
ed the  jealousy  of  some,  the  envy  of  others,  and  the  ill- 
will  of  many.  How  far  aH  tfaia  may  have  been  deserv* 
ed^  is  not  for  me  to  determina  But  I  am  not  conscious 
of  ever  having  wronged  an  individual,  or  betrayed  for 
a  moment  the  trust  reposed  in  me.  Pending  the  late 
elec^on  for  Governor  of  Louisiana  my  pretensimiB  were 
resisted  wit|i  great  warmth  and  perseverance  by  several 
infttiential  citizens  of  New  Orieans.  I  nevertheless 
succeeded,  to-^e  great  disappointmoit  and  dtagrin  of 
my  opponents.  In  politics  as  in  war,  the  ya]U|nished 
party  often  seek  an  opportunity  €or  revenga  The 
.     present  was  a  fit  occasion.  The  requisition  was  observed 


1814.] 


§ 


UNPOPULABTTT  OF   MILITIA   DUTT. 


325 


to  b«  unpleasant  to  tke  cnltivator,  the  mechanic  and  the^ 
merchant,  and  my  opponents  found  the  less  difficulty  in 
l)ringing  the  public  prejudices  against  Uie  measure  to 
liear  against  the  man.  I  repeat,  Sir,  that  there  were 
individuals  among  whom  I  had  the  mortification  to  find 
tiome  of  my  old  friends,  who  conscientiously  believed 
the  requisition  unnecessary  and  oppressive.  But  among 
those  who  damored  most  against  it^  are  men  whose 
views  of  ambition  and  personal  aggrandizement  I  have 
opposed,  and  will  continue  to  oppose,  so  longite  I  shall 
esteem  those  views  inconsistent  with  the  public  weal. 
These  men  have  certainlgr  succeeded  in  'lessening  me  in 
the  confidence  of  a  people  whose  appFolMtion,iiezt  to 
an  approving  conscience,  I  am  most  solicitous  to  secure. 
But  in  their  efforts  to  injure  me^  I  much  fear  that  they 
have  also  injured  a  State  whose  safety  and  prosperity 
constituted  the  first  and  greatest  objects  of  my  care.*' 

These  are  the  circumstances  in  which  originated  the 
"  circular ''  to  which  I  have  already  referred.  In  that 
docum6.it  Claiborne  vindicated  the  autHbrity  under 
which  he  had  acted ;  he  cited  the  instructions  he  had 
received,  and  demonstrated  4he  necessity  of  obedience 
on  his  part.  ^^The  direction  of  the  national  force,  of 
which  the  militia  constitutes  the  greater  portion,''  he 
observed,  ^^  belongs  to  the  General  Government  The 
Constitution  of  the  United  States  gives  to  Congress 
power  to  provide  for  caUing  forth  the  mUiUa  to  esoeoute 
the  lams  of  the  Unions  mppress  meurrection  ami  re- 
pel immmon;  for  organising,  arming  and  dis<»|:^niiig 
such  pii*t  of  l^em  as  may  be  employe!  ||i  the  ser- 
vice of  the  United  States.  In  the  ezereiiS  of  this 
power,  by  an  act  passed  on  the  28th  of  February,  1796, 
it  is  declared  that^  whenever  tibe  United  States  shaH  be 
invaded,  or  b»^n  imminent  dandier  of  invanon  from  any 
foreign  nation,  or  Indian  tribe,  it  shall  be  lawfbl  for  the 


-'■  tr-;  ■■■■■'■'■  ^^.-f^'.^h 


K:m 


IBi'  'it-.'-   .•-f"''''^*''  ''.'  ■     '•    ■    " 


ff-'Sr        ' »   '*;',V.'  i  .  -ill 


£,."H",-^ '-'I.  .».".l'',iA'''.  ■      1        ;  i" 


.■i*..t 


^i;il 


■Mi 


326 


f 


THE  MIUTIA   BEFBACTOBY. 


[1814. 


President  of  the  United  States  to  call  forth  such  number 
^  of  the  militia  of  the  State,  or  States,  most  convenient  to 
^  the  place  of  danger,  or  scene  of  action,  as  he  may  judge 
^  necessary  to  repel  such  invasion ;  mid  by  another  act 
passed  on  the  10th  of  April,  1812,  one  hundred  thou- 
sand militia  are  placed  at  the  disposition  of  the  Presi- 
clent  for  the  same  purposes,  to  be  apportioned  by  him 
among  the  several  States  of  the  Union  from  the  latest 
militia  returns  in  the  Department  of  War,  and  in  cases 
where  suc^^eturns  have  not  been  made,  by  such  other 
data  as  he  shall  judge  equitable.  Both  or  either  of 
these  l^^s  authorized  the  late  demand  on  the  Governor 
of  LouStiana  £pr  a  thousand  militia.  The  authority  of 
the  first  act  has  never  been  questioned,  and  that  of  the 
second  is  acknowledged  by  almost  every  State  and 
Territory  within  the  Union.  A  paper .  is,  at  this  mo- 
ment, before  me,  which  announces  the  march  of  two 
strong  detachments  of  the  North  Carolina  and  South 
Carolina  militia  to  the  Creek  Nation,  under  the  requisi- 
tion of  Maj(^General  Pinckney.  Is  it  possible  that  the 
Governors  of  these  States,  and  such  other  Governors  as 
have  from  time  to  time  turned  out  their  militia  at  the 
call  of  the  President,  have  done  right,  and  I  alone  am 
in  error  ? 
'  *<  In  1806,  when  the  Spaniards  had  crossed  the  Sabine, 
a  rt^uisition  from  General  Wilkinson  (acting  under  the 
authority  of  the  President)  on  the  Executive  of  the 
then  Territory  of  Orleans  for  a  militia  force  was  obeyed 
and,  to  make  up  the  quota,  a  draft  was  ordered  and  en- 
forced. Y«^>  that  requisition  had  no  greater  legid  force 
than  the  ]#e  one.        .         .         ..... 

,,0,-        .  f  ,•  i»  •  •  •  •  •  •  • 

'^  When  it  was  found  incompatible  with  the  protection 
due  to  the  other  States  to  add  to  the  number  of  regular 
troops  on  this  station,  the  President  had  reason  to  ealcu' 


1814.] 


FEDEBAt  Bfi^mSUXCOr'  BSSIStED. 


327     '* 


late  on  tbe  prompt  and  zealous  cooperation  <^  the  local 
militia.  Bat  tbe  result  will,  I  susriect,  be  a  subject  of  # 
as  much  surprise  to  him  as  it  has  been  of  disappoint-  ** 
ment  and  chf^in  to  me.  Bo  not  the  citizens  of  Louis- 
iana enjoy  equal  privileges  with  citizens  of  other  States, 
and  have  thevnutthe  same  interests  to  defend?  Are 
we  not  exposed  to  as  great  dangers?  Or  ^  we  appre- 
hend less  injury  ^m  aa  invading  fli^f  1F  could  here 
enlarge  on,  and  satisfat^nly  demonilrate^^e  expedi- 
ency of  the  requisition,  but  prudence  £>rbiv|lme  to  he 
more  explicit.  Would  it  have  been  politic  i;o  await  the 
actual  approach  of  an  enemy?  It  might  have  been  too 
late  to  insure  fiur  saf^.  Wherf  doudf  appJu*  which 
portend  a  storm,  does  the  prudent  mariner  delay  his 
preparations  until  the  blow  commences?*  When  the 
officer  of  the  main-top  announces  danger,  do  those  below 
doubt  the  fact?  When  the  seatinel  gi^  the  alarm, 
ought  not  every  min  to  repair  to  his  post?  And  when 
the  President  of  the  United  States  directed  measures  to 
be  taken  to  di^end  New  Orleans  againlMbi  attack  by 
the  enemy,  cBd  it  become  me  to  say  there  Was  no  danger, 
no  necessi^?  liet  it  not  be  said  that  the  #reo  required 
would  have  left  an''  section  of  the  State  too  weak  for  the 
maintenance  of  a  proper  internal  polic&  Certain  coun- 
ties were  wholly  exempt |  in  1a8«%ning^e  quota  to 
others,  a  due  regaid  wa»  pttid^  the  l^cal  situatbn,  and 
from  no  one  Parit^  was  a  greiater  ^letaclmient  drawn 
than  ^e  fred  pofvulaftion  mMy  permitted. 

'^  I  ikAl  eay  nothing,  Bi^  of  thf  mbiii^Hpnvectives, 
with  whic^,  for  the  laslr  few  months,  the  iJiiliiiapers  of 
this  city  hare  been  diaiged.  An  honest  mftn  has  little 
to  Ibar  from  pap«r  bflll«riM&  I  have  been  exposed  to 
them  for  sbHeen  years,  and  I  do  not  find  that  against 
the  integrity  of  my  private  or  public  life  they  have  made 


•  ■  'V  i  'Hi 


■■>#..■  •■■< 

■■fif:  fi 


J^^' 


«1 


J«< 


• 

'.' 

t 

!         -     328 

^'  OLAIBOBNE  ON   THE  PKE8B. 

■  :%-. 

[1814. 

Mt:  ■ 

Jl:  "1  ■.i.' 

U\      ,^  ■:(■■•  n 
I  .  ■',)      ^l'.  .' 

l-t  ■'    'I  .  " 
>■.     ■•  ;,:  I-  1 

...  "V  ■'."> 

■r:  ■..  ■:"■;; 


||^w'::.^f"'{>:;'''.  ^■ 


.i-  vj*;;' .V. 


f^>>- ■<. 


the  smallest  breach.  It  is  true  that,  daring  the  first 
*  two  or  three  years  of  my  residence  in  New  Orleans,  what 
with  the  warmth  of  the  natnral  and  political  atmos- 
phere, my  blood  was  occasionally  up  to  fever  heat.  But 
I  am  happily  acclimated  to  both;  The  freedom  of 
the  press  is  just?y  considered  the  bulwark  of  liberty, 
arid  will,  Lirust)  be  always  supported  by  the  prin- 
ciples of  am  dilt^nment  and  the  opimons  of  the 
people.  '^JM'^  this  freedom  in^Louisiana  has  been  car- 
ried to  ex(jm  is  seen  and  regretted.  Perhaps  it  is  an 
inseparable  «vil  from  the  good  with  which  it  is  allied ; 
perhaps  it  is  a  shoot  which  canoot  be  stripped  from  the 
stalk  wiwiout  i|ijuring^the  plant -itself.  'However  desir- 
able, theref<»e,  these  measures  may  be  which  might  cor- 
rect without  enslaving  the  press,  it  wouM  be  hazardous  to 
attempt  them.  The  newspapers  have  had  much  agency 
.  in  defeating  ^e  late  requisition.  But  their  denuncia- 
tions should  at  all  times  be  receive<l'withthe  greatest 
caution,  for  they  are  often  directed  against  the  wisest 
measurea       ^ 

"  I  have  already  apprised  you  tfcat  Genferal  Floumoy 
was  vested  with  authority  to  call  out  the  mi]|tia  of  the 
7th  District,  within  which  Louisiana  is  included.  That 
this  authority  will  be  used  with  discretion  I  have  no 
doubt.  During  the  last  winter  we  were  indebted  for 
our  safety  more  to  iihe  forbeaivnoe  of  the  enemy  than  to 
our  own  preparations  ^r  defence.  But  no  blame  ought 
to  attach  to  the  consmanding  fenerid.  Could  his  Irishes 
have  been^  jtta^lied  with,  a  reinforcement  of  regular 
troops,  reoiBy  MOT^ed^  w#ttM  %ave  reaehed  him  Earlier, 
which,  witk*^  column  of  one  thousand  militia,  drawn 
principally  from  ^e  interior,  would  hav^  aliayeid  much 
of  the  anxiety  so  lately  felti^^  the  so^y  of  this  ci^tal. 
At  this  season  of  the  year,  it  i»  most  probft%le  we  shall 
remain  undisturbed,  and  a  hope  is  cherished  that,  in  the 


■'■■^^■n 


\i< 


1814.] 


.f^      glaiboene's  appeal. 


v329 


in  the 


cou*se  of  the  sammer,  th^  sword  will  foe  sheathed.  The 
enemy  may,  perhaps,  incline  to  p^ico,  and  may  accede  to  * 
just  and  honorable  terms  of  accommodation.  That  this 
may  be  the  result  of  pending*  negotiations  is  greatly  to 
be  desired.  But  I  confess  it  is  hither  what  I  wish  ^an 
what  I  calculate  on.  The  rulers  of  Great  Britain,  as- 
alted  by  the  success  of  the  allies,  and  profiting  of  the 
exteneiive  markets  opened  on  the  Continent  ibr  English 
manufactures,  will,  I  fear,  be  more  disposed  to  persist 
than  to  relax  in  thdr  unjust  pretensions  toward  Amer- 
ica. In  such  event,  it  will  only  remain  for  the  United 
States  to  prosecute  the  war  with  increased  enei^es.  I 
entreat  you,  therefore^  to  permit  no  consideration  to 
dampen  your  ardor  in  your  country's  oause^  or  to  abate 
your  exertions  in  oiganizing  and  distnplining  the  militia. 
Should  fi  requisition  be  again  made  on  the  Executive  of 
this  State  (under  the  orders  of  the  President  of  the  United 
States)  for  an  auxiliary  ibree,  I  have  shown  it  to  be  my 
sacred  duty  to  meet  it,  and  I  shall  expect  your  zealous  co- 
operation. What  is  there  of  novelty  or  oppression  in  requi- 
sitions of  this  nature?  In  what  country,  eivllized  or  savage, 
have  men  esteemed  it  oppression  to  be  called  upon  to 
resist  the  invader?  Now  that  the  allied  arju^^es  are  ad- 
vancing toward  the  Rhine,  France  is  said  to  be  encircled 
with  a  forest  of  bayoneta  When  Freni^  forces  were 
drawn  to  the  seaboard,  and  an  invasion  of  th^/dM^Ti- 
ohored  isle  menaced,  no  S^Mshman  "was  exempt  fixmi 
militiM^y  service.  Ask  the  Revolutionary  patriot  how 
often,  during  the  War  of ^  Incbpeadenoe,  j^  h.M  left  the 
plow  for  the  tented  fields  ^^^oe»v^^hr'e|^  of  oui* 
fathers  sleep,  or  do  we  wish  to  akrtnic.frM -a  participa- 
tion in  whatevefT  privation,  tmls^  or- ^daa^^ers  the  safety 
of  our  oommon  country  ^lall  render  ^necessary?  Every 
true  American  and  eac^  fiiithM  Louisianian  will  an- 
swer in  the  negative.^'  This  appeal,  notwithstanding  the 


•  '  '  i   ,!»le8 

4 " 


«" 


f^M.   ■';■,■■  ■■? 


Si-- 


Br.  • 

Li  J    ; 
t 

fi 


f  ^  •  ^  ' 


■3' 

V'' 

■?'■'' 


;i1j 


♦pI 


'i.l^i 


r   -..: 


i 


f^: 


■12 

■■■■*f.    -if 


I 


880 


DANGER   OF  INVA8T0N   DfOBEASING. 


[1814. 


earnestness  of  its  tone,  did  not  seem  to  have  an  imme* 
*diate  effect  on  those  to  whom  it  was  addressed. 

On  the  14th  of  April,  Congress  repealed  the  embargo 
and  non-importation  laws,  but  it  was  difficult  for  the  com- 
merce of  New  Orleans,  under  the  circumstances  in  which 
it  was  then  placed,  to  recuperate  from  the  blow  whieh  it 
had  received  under  the  influence  of  that  restrictive  legis- 
lation ;  and,  in  the  bourse  of  that  month,  the  Banks  of 
the  city  suspended  specie  payment,  as  Banks  invariably 
do  whenever  there  is  a  political  crisis  of  any  importance. 

About  the  same  time,  official  accounts  of  the  fall  of 
the  Fi-ench  Emperor  having  reached  New  Orleans,  pro- 
duced great  excitement  in  a  city,  where  the  popula- 
tion which  was  French  by  birth,  or  of  French  descent, 
was  BO  large.  Besides,  it  was  anticipated  that  England, 
being  delivered  from  her  gigantic  antagonist,  would  be 
left  free  to  continue  the  war  against  the  United  States 
without  impediiiient,  and  vnth  all  her  eoUected  oner^e^i. 
A  report  became  prevalent  thatj  as  one  of  the  conditions 
of  peace,  she  Wotdd  demand  the  retrocession  of  Louisi- 
ana to  Spain,  her  faithful  ally,  who  had  protested 
against  the  cession  cf  that  province  by  Napoleon  to  the 
United  States.  Thii*  report  was  said  to  oome  from 
Spanish  officers  at  Pensacola  and  Havana,  who  had  con- 
veyed the  information  to  their  friends  in  New  Orleans,  and 
also  from  the  Spanish  Minister  at  WashingtoD.  Folch^  the 
late  Governor  of  Pensaeola,  had  recently  arrived  at  Ha- 
vana, and  had  expressed  his  belief  that  Spain  would  i^esort 
to  arms,  if  necessary^  to  repossess  herself  of  Loukiana. 
Referring  to  all  the  rumors  which  i^tated  the  public 
mind  in  New  Orleans,  Claiborne  thus  expressed  him- 
self in  a  dispatch  to  theSecretioy  of  State  at  Washing- 
^  tou.  dated  on  the  7th  of  May :  ^  I  wiU  not  undertake 
to  say  whether  such  be  really  the  views  of  the  Spanish 
Government,  but  if  there  be  any  grounds  to  accredit 


m 


Cop- 
land 
jthe 
Ha. 


Urn* 

sliing- 

bake 

misli 

sredit 


1814.] 


OLAIBOBNE  TO  BB  IMPEACHED. 


331 


the  report  in  circulation,  the  expediency  of  increasing 
the  regulai' force  on  this  station  must  be  manifest.  How 
far  the  militia  of  Louisiana  in  the  event  of  a  war  with 
Spain  may  be  relied  on,  remains  to  be  proved.  There 
is  evidently  a  Spanish  party  here,  but  I  have  never 
thought  it  numerous.  Should,  however,  an  invasion  en- 
b^e,  I  could  not  feel  the  State  secure,  unless  there  was 
a  respectable  regular  force  around  which  the  well-dis- 
posed citizens  might  rally  with  confidence." 

When  Claiborne  had  felt  the  necessity,  as  previously 
recorded,  to  disband  the  corps  of  four  hundred  men  of 
the  Second  Division  who  had  assembled  at  the  New 
Orleans  Magazine  Barracks  in  pursuance  of  the  requisition 
of  the  United  States,  the  Legislature,  although  strongly 
opposed  to  that  I'equisition,  had  appropriated  five  thou- 
sand dollars  to  pay  the  expenses  of  the  temporary  muster, 
and  Claiborne,  on  behalf  of  the  State,  had  claimed  the 
reimbursement  of  that  sum  from  the  United  States.  It 
was  reminded,  and,  in  acknowledging  payment,  Claiborne 
said  to  the  Secretary  of  War,  in  a  ktter  of  the  80th  of 
June:  ''TMs  will^  I  true^,  he  received  in  Louisiana  as  a 
proof  of  the  legality  of  such  requimtion*  The  opposition 
of  the  city  corps,  the  indisposition  of  the  Legislature  to 
support  the  late  call,  have  impressed  the  FreiKsh  and 
Creole  inhabitants  of  the  State,  very  genemlly,  with  an 
opinion  that  my  orders  on  that  occasion  wereniuMcessary, 
iUegal  and  impressive.  Indeed,  certain  influmMal  inhab- 
itants of  New  Orleans,  by  whose  ezerlionBy  in  and  out 
of  the  L^^lature^  the  requisition  uKdmately  fidled,  have 
had  the  address  so  to  manage  t\m  subject^  as  to  bring  it 
to  bear  on  the  State  elections  whi<^  are  to  commence  on 
the  4th  of  July.  The  people  have  been  told  that  I  was 
guiltyof  high  crimes  and  misdemeanors,  and  I  v^ly  be- 
lieve that  an  impeachment  was  at  one  time  contemplated.'' 

On  the  15th  of  July,  Claiborne  informed  the  Secretary 


QM 


0:  *.= 


■■•■|" 


^■-  111 


ki'X  .   .. 
,:.'■»«"•<■" 

lit 

M 

..^  ..    ■■  '-ll 

av;  ,«'-.•■ 

C't  ;•'••*" 

JL'"  ■     f5i 


F*T.      _-        ■■..♦».:.';.■. l^- 


/•.. 


\  \ 


332 


PEACE  WITH  THE  CBEBK8. 


[1814. 


of  the  Navy  that  late  letters  from  Pensacola  and  Ha- 
vana spoke  confidently  of  the  design  of  Spain  to  repossess 
herself  of  Iiouisiana,  and  he  added :  ''  I  observe  with 
regret  that  many  dtizons  of  this  State  seem  to  think 
that  their  connection  with  the  United  States  has  become 
precarious.  For  myself,  however,  I  have  not  hesitated 
to  assert  that  my  country  will  never  consent  to  sever  the 
Union,  and  that  the  power  does  not  exist  that  can  de- 
prive the  United  States  of  the  sovei'eignty  of  Loiiisiana.''T 
.  In  the  mean  time,  the  Greek  Indians  having  sued  for 
a  cessation  of  hostilities,  General  Jackson  granted  it  to 
them,  and  a  treaty  c^  peace  was  signed,  on  the  dth  of 
August,  by  their  principal  chiefe  on.  behalf  of  their 
nation,  and  by  General  Jaok6(»i  in  the  name  of  the 
United  Statifii  It  was  stipulated  as  one  of  its  conditions, 
that  the  Oreek  Nation  should  «bfmdoQ  all  communication, 
and  cease  to  hold  any  intercourse,  with  any  British  or 
Spanish  post,  garrison  or  town,  and  thatthey  should  not 
admit  among  them  any  agent  or  trader  who  should  not 
have  authority  from  %he  United  States  to  hold  commer- 
cial, or  any  oth^  intercourse^  with  their  tribes. 

Notwithstanding  this  treaty^  some  British  cheers,  who 
had  landed  at  the  bay  of  Apalachioola  with  several 
pieces  of  ar^U^  and  ^a  few  eompaaks  of  regulars)  had 
succeeded  iits^^faUying  a  certain  number  of  the  Greeks 
around  ^British  s^deipd.!  Other  Indians,  firom  almost 
all  the  tribes  wIm^  d^lt  totthe  eastward  of  the  Ohoctaws, 
had  joined  this  biMtd  of  ^soontented  Greeks^  and  those 
barbarians  were  supplied  with  arms,  and  drilled^  so^^far 
as  their  habits  and  <^Yf^ttatiti«f  permitted  the  instruc- 
tion. The  object  of  the  Dnglisk  was  im  gfither  a  sufficient 
force  to  aUack  £^oft  Bowy^,  at  J^obille  Pointj  which  was 
looked  upon  iaa  an  unportant  basis  of  operataons  against 
Louisiana.*^  ". 


11 


■  -."'■  ..i  ■  "*i 


■Ju  ^ 


irac- 
tient 
was 
aiiist 


1814.] 


LOmSIAWA  8  DESTHnr. 


833 


There  could  be  bo  doubt  now  that  Louisiana  was  to 
be  invaded,  and,  on  the  6th  of  August,  Claiborne,  in 
obedienee  to  instructions  from  the  Federal  Gov^mment, 
issued  orders  that  one  thousand  men  of  the  Louitaana 
militia,  being  the  quota  assigned  to  the  State  by  the  re- 
qui  'tion  addressed  to  the  Executives  of  the  several 
States,  be  organized  and  held  in  readiness  for  inillnediate 
service  and  with  the  least  possible  delay,  expressing  at 
the  same  time  his  firm  reliance  on  the  cheerful  participa- 
tion of  Louisiana  with  her*  sister  States  in  whatever 
trials  or  dangers  the  safety  of  thidir  common  country 
would  demand.  ''If  the  latest  reports  from  Europe  are 
io  be  accredited,"  he  said, ''  the  enemy  has  determined 
on  a  most  vigo]Y>us  prosecution  of  the  war«  It  is  added, 
th^t  ti^is  section  of  the  Union  is  to  be  attacked  with  the 
des^  of  wresting  Louisiana  from  the  hands  oi  the 
United  States  and  restoring  it  to  Spain. 

*'  A  project  so  chimerical  iUy  comports  with  that  char- 
acter for  wisdom  to  which  the  ^English  Gove -ament 
aspires,  nor  is  it  believed  to  be  seriously  contemplated. 
That  the  bare  tumor,  however,  of  such  a  design  should 
awaken  some  anxiety,  is  cause  of  no  smpriae.  But 
if  there  be  individuaii  so  much  deceived  as  to  suppose  its 
accomplishment  possible,  they  are  cautaonedimpyinst  being 
instrumental  m  deceiving  others.  The  iniilit[iili|  of  the 
American  GovevnmeUt^  ha  less  thui  ttewriiiitlpMt.  and 
honcv'c^  the  Amai*9tea  people,  for^lihe  reMf^shment 
of  c»e  inoh  &f  the  American  Teitttoiy.  Whikt  the 
Western  rivers  flow,  no  fofe%n  power  eim  hold,  of  detach 
Loulnana  ieom  ^United  States.  She fiiay,  Indeed,  be 
tempc»*ari]y  exposed  tivxftfi  invading  foe,  b^,  ^ttntil  by 
somo  convubbn  of  nutnie,  Uka^  muao^ai,  gattant,  and 
hardy  race  of  men  inhabiting  the  vMt  tract  of  eountry 
watered  by  the  tributary  streams  of  the  Missosippi  shall 
become  extinct,  the  political  destiny  of  Louisiana  is 


mm 


„ M'fii'Cfi 


Mt^;"}- 


■■■:?- 


I---  ''-2 


S 


i; 


wv 


334 


Louisiana's  desttnt. 


[1814. 


mm. 


''-£V^ 


;.^ 


■^1: 


J 


plactid  beyond  the  possibility  of  a  change.  Her  connec- 
tion, interest  and  government  must  remain  American." 

On  the  12th  of  the  same  month,  Claiborne  sent  to  the 
Secretary  of  War  a  copy  of  the  orders  which  he  had  issued 
on  the  6th,  and  observed  to  him  in  relation  to  the  re- 
quisition :  "  This  timely  measure  of  precaution  on  the  part 
of  thelPresident  will,  I  trust,  meet  the  zealous  support 
of  every  lover  of  his  country.  To  this  moment,  not  the 
slightast  opposition  to  it  has  been  manifested  in  this 
section  of  the  Union,  and  I  am  happy  in  the  belief  that, 
on  the  present  occasion,  the  force  required  of  me  will  be 
arrayed  with  less  difficulty  than  was  experienced  in  meet- 
ing the  late  requisition  made  of  me  by  General  Flour- 
noy,  under  the  oriders  of  the  President.  You  will  observe. 
Sir,  that,  in  my  orders,  I  make  allusion  to  the  report  of 
a  design  on  the  part  of  the  enemy  to  wreat  Louisiana 
from  the  ha/nda  of  the  United  States  and  restore  it  to 
Spain  I  A  stranger  to  the  public  feeling  and  sentiment 
here  might  think  me*  incorrect  in  noticing  a  rtimor  of  the 
kind.  But  believe  me,  Sir,  it  had  made  a  serious  impres- 
sion in  this  State.  Some  of  the  inhabitants  sincerely 
desire  a  retrocession,  and  many  seemed  to  consider  it  not 
only  practicable,  hut  highly  probable.  To  caution,  there- 
fore, my  fi^^w-citizens  against  harboring  such  a  senti- 
ment, ai^iiiid  to  me  a  duty,  and  more  so  since  i  was 
fearft^*l4ey  titiight||>therwise.  be  1^  to  a  course  of  con- 
duct whi«h%ould  weaken  their  alliance  to  the  United 
States.  How  far  this  caution  May  produce  the  desired 
effect  time  will  evince.  But,  at  present,  appearances 
are  very  favorable  to  the  proudest  wish  of  my  heart,  and 
which  is,  that,  in  any  event,  the  Louisianiansnmy  prove 
faithful  to  themselves  and  to  the  €k>vwiimeBt  of  the 
United  States^    ^^    ^ 

The  same*  day  Gfi  whidh  this  communication  xras  ad- 
dressed to  the  Secretary  of  War,  Claiborne  wrote  to 


fsu.] 


THE  FUE£  MEN   OF  OQLOB. 


835 


General  Jackson,  who  was  exj^ected  in  New  Orleans,  to 
take  command  of  the  troops  and  provide  tor  its  safety, 
a  letter  in  which  he  informed  him  that,  in  a  late  inter- 
view with  the  offioers  of  the  several  militia  corps  of  the 
city,  he  had  been  assured  of  their  zealous  aid  in  carrying 
into  eftect  the  ordeni  of  the  6th  of  August  in  relation  to 
the  Federal  requisition.  *^How  far  their  efforH,"  said 
Claiborne,  ^*  may  be  seowided  by  the  body  of  the  people, 
will  in  a  short  time  be  shown.  On  the  native  Ameri- 
cans and  a  vast  mi^orit^p  of  the  Creoles  of  the  country  I 
place  much  confidence,  nor  do  I  doubt  theJideU^  ofrminy 
MuropeaiM  who  have  long  remded  in  the  country.  But 
thero  are  ifthere  mueh  devoted  to  the  interest  of  Spain, 
and  their  partiality  tor  the  En^iah  is  not  less  observable 
than  their  dislike  for  the  Amwican  Government  Among 
the  militia  of  New  Orleans  there  is  a  battalion  of  chosen 
men  of  color,  organized  under  a  special  act  of  the  Leg- 
islature, of  which  I  inclose  a  copy  for  yonr  perusal. 
Under  the  Spanish  Government  the  men  of  color  of  Ne\  ' 
Orleans  were  always  relied  on  ia  times  of  difficulties,  and 
on  several  oocaois^is  evinoed  in  the  field  the  greatest 
firmness  and  courage.  Under  the  late  Territorial  Gov- 
ernment, as  well  as  undsr  that  of  the  State  of  Louisiana, 
much  unwillingn68&  was  mani^Mrted  in  organizing  and 
placing  arms  in  the  handa  of  fiwe  men  of  cokn  i»By  the 
first  it  was  wholly  revised,  but  the  ]^ter  haa  tirai^ht  it 
advisable  to  reoogniaaa  battalion  vrIii  linutecl^umbers, 
and  under  oertaan  restrietions.  The  command  of  the 
battalion  is  committed  to  Colonel  Fortier,  a  respectable 
and  rich  merdiaiit  of  New  Orleaiis,  and  the  second  in 
command  is  Mi^or  Liieost'i,  a  i-ieh  and  i^spectable 
plantiNr. 

j^Wi^  these  gentlemen,  and  th«  offifieva  v«ttiK;h«i  to 
companies  (t^beae  .last  b«flBg  men  <^  oojcar)^,  I  had  an  in- 
terview on  yestevday,  and  assured  them  that,  in  the  hour 


886 


THB  FUEK  MEN   OF  OOLOB. 


[1814. 


\ 

VI 


■fe.^ 


^1 


1'  ''• 


11 


Il4<* 


1.'? 

'\     *• 

If  *■„ 

;>•.»• 

>  'K 

I^'^' 

/^t; 

of  peril,  I  should  rely  on  their  valor  and  fidelity  to  the 
United  States.  In  return,  they  expressed  their  devotion 
to  their  country  and  their  readiness  to  defend  it.  ^hey 
added  their  desire  that  all  frde  men  of  color  in  New  Or- 
leans and  its  vidtnity^  whom  they  represented  to  be  about 
six  hundred,  might  be  oiganized  and  received  as  a  part 
of  th^  militia,  giving  me  to  understand  that  such  a 
measure  would  afford  much  sat||faction,  and  excite  their 
greatest  zeal  in  the  cause  of  the  United  States. 

*'To  this  request  I  Imve  for  the  present  given  no  fur- 
ther complianc''  than  to  order  that  a  census  of  the  free 
men  of  color  be  taken  and  submitted  to  me  without  de- 
lay. These  men.  Sir,  for  the  most  part,  sustain  good 
characters.  Many  of  them  have  exteauve  connections, 
and  much  property  to  defend,  and  all  seem  attached  to 
arm&  The  mode  of  acting  toward  them  at  ^e  present 
crisis  is  an  inquiry  of  importance.  If  we  give  them  net 
our  confidence,  the  enemy  will  be  encouraged  to  intrigue 
and  corrupt  them.  Inured  to  the  dimate  of  Ixmisiana, 
and  with  constitutions  and  habits  adapted  to  its  ehanges 
the  men  of  colcnr  are  well  calculated  to  render  serviee  in 
this  quarter,  and  in  the  event  of  invasion  might  be  made 
particularly  useM.  -  I  think  a  4x»rp»  of  tl»ee  or  four 
himdredi^Biight  be  easily  raised^  who  would  willingly 
enter  ^itothi  serviee  of  the  United  States  for  aiz  mimths, 
pi-ovidiir'!  :Aiy  b^yem^o^red  in  Louisianft.  I  wish  to 
know  ho#  far  yoii' might  be  authofiaed  to  receive  such 
troops^  and  also  your  opinion  as  to  the  expadiency  of  em- 
ploying t^m.'^ 

Ofi  the  15th^Auge<i^,  General  Jackion. wrote  a  let- 
ter taGovemoi^Ckubome,  requesting  tluit  all  the.  quota 
of  the  Louisiana  n^itia^to  be  lumished  foar  the  HBrvice 
of  the  United  States  "be  held  in  a  state  of  piepaiation 
to  mardi  to  any  point  roquipad  at  a  momesi^'s  waci^ig. 
The  Governor  issued  ordem  accordingly  on  the  6th  of 


^-Ji/-. 


1814.] 


OLAIBOBNE's   military   ORDEBo. 


887 


September,  in  which  he  said:  "The  Comma iider-in- 
Ghief,  conAding  in  the  patriotism  of  the  several  corps 
attached  to  the  Second  Division,  assures  himself  that,  at 
this  moment  of  peril,  they  will  deserve  well  oi'  their 
country.  Louisiana  is  openly  menaced,  and  it  is  believed 
that  the  force  destined  to  invade  her  is  at  this  time  as- 
sembled at  Apalachicola  and  Fensacola.  Migor-General 
Jackson,  commanding  thu  Seventh  Military  District,  who 
has  often  led  the  Western  warriors  to  victory,  invites 
them  to  lose  no  time  in  preparing  tor  the  defence  of  the 
State.  This  gallant  commander  is  now  at  or  near  Mo- 
bile, watching  the  movements  of  the  enemy,  and  making 
prepai'ations  to  cover  and  defend  this  section  of  the 
Union.  He  will  iu  due  time  receive  reinforcements  lirom 
the  other  States  or.  the  Mississippi.  He  calculates  also 
on  the  zealous  support  of  the  Louisianians,  and  must  not 
be  disappointed.  The  time  has  come  when  every  man 
must  do  his  duty,  when  no  faithful  American  will  be 
absent  from  his  post." 

It  was  indeed  high  time  to  prepare  for  defence,  for  the 
enemy  was  fast  approaching.  Colonel  Nicholls,  of  the 
British  Artillery,  with  a  body  of  troops  which  had  sailed 
in  the  sloops-of-war  Hermes  and  Caron  from  Bermuda, 
had  stof^d  at  Havana  in  the  hope  of  obtaining  the  co- 
operation of  the  Captain-General,  and  the  assistance  of 
some  gunboats  and  other  small  vessels  to  be  furnished 
by  that  officer,  with  permission  to  land  the  British  troops 
and  artiller}'  at  Fensacola.  In  these  expectations  Col- 
onel Nicholls  was  disappointed ;  nevertheless,  he  landed 
at  Fensacola  without  any  serious  opposition  from  the 
Spanish  Governor  of  that  place,  established  in  it  his 
headquarters,  and  proceeded  to  enlist  a* id  drill  without 
concealment  the  Indians  whc*^  he  could  tempt  into 
British  service,  and  who  openly  wore  the  British  uniform 
in  the  streets,  in  violation  of  the  laws  of  neutrality  which 
22 


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388 


SNOUBH   PBOCLAMA'nON. 


[1814. 


Spain  was  bound  to  observe.*  The  same  officer  dated 
from  Pensacola,  on  the  29th  of  August,  the  following 
proclamation : 

"  Natives  of  LouiBianal  On  70  .  tho  first  call  is  made  to  assist 
in  liberating  fVom  a  faithless,  imbecile  government,  your  paternal 
soil.  Spaniards,  Frenchmen,  Italians,  and  Britons,  whether  settled 
or  residing  for  a  time  in  Louisiana,  on  you  also  I  call  to  aid  me  in 
this  just  cause.  The  American  usurpation  in  this  country  must  bo 
abolished,  and  the  lawful  owners  0^  the  soil  put  in  possession.  I 
am  at  the  head  of  a  large  body  of  Indians,  well  armed,  disciplined, 
and  commanded  by  British  officers — a  good  train  of  artillery,  with 
every  requisite,  seconded  by  the  powerftil  aid  of  a  numerous  Brit- 
ish and  Spanish  squadron  of  ships  and  vessels  of  war.  Be  not 
alarmed,  inhabitants  of  the  counti  y,  at  our  approach ;  the  same 
good  faith  and  disinterestedness  which  has  distinguished'  the  cod' 
duct  of  Britons  in  Europe,  accompanies  them  here.  You  will  have 
no  fear  of  litigious  taxes  imposed  upon  you  for  the  purpose  of  ca^ 
rying  on  an  unnatural  and  ui\just  war;  your  property,  your  laws, 

^  the  peace  and  tranquillity  of  your  country  will  be  guaranteed  to 
you  by  men  who  will  suffer  no  infKngemeflt  of  theirs ;  rest  assured 
that  these  brave  Red  Men  only  bum  with  an  ardent  desire  of  sat- 
isfaction for  tho  wrongs  they  have  suffered  from  tho  Americans,  to 
join  you  in  liberating  these  Southern  Provinces  from  their  yoke 
and  drive  them  into  the  limits  formerly  prescribed  by  my  sovereign. 
The  Indians  have  pledged  themselves,  in  the  most  solemn  manner, 
not  to  injure,  in  the  slightest  degree,  the  persons  or  properties  of 
any  but  enemies  to  their  Spanish  or  English  fathers ;  a  flag  over 
any  door,  whether  Spanish,  French,  or  British,  will  be  a  certain 

.protection,  nor  dare  any  Indian  put  his  foot  on  the  threshold 
thereof,  under  penalty  bf  dejith  from  his  own  countrymen.  Not 
even  an  enemy  will  an  Indian  pnt  to  death,  except  resisting  in 
arms;  and,  as  for  injuring  helpless  women  and  children,  the  Red 
Men,  by  their  good  conduct  and  treatment  to  them,  will  (if  it  be 
possible)  make  tho  Americans  blush  for  their  more  inhuman  con- 

.,duct  lately  on  the  Escambia,  and  within  a  neutral  territory. 

Inhabitants  of  Kentucky,  you  have  too  long  borne  with  grievous 
impositions ;  the  whole  briint  of  the  war  has  fallen  on  your  brave 
sons ;  be  imposed  on  no  longer,  but  either  range  yourti^ves  under 
the  standard  of  your  forefathers,  or  observe  a  strict  neutcality.    If 

,     •  Historical  Memoir  of  the  War  in  West  Florida  and  Loulslani'ln  1814-15, 
^by  Major  A.  Lacarriere  Latonr,'  p.  11. 


1814.] 


BBITI8U   COLONEL  KIOHOLLS. 


339 


yoa  comply  with  cither  of  those  offers,  whatever  provisions  yoa 
send  down  will  be  paid  for  in  dollars,  and  the  safety  of  the  persons 
briti<^ing  it,  as  well  as  the  fVee  navigation  of  the  Mississippi,  guar- 
anteed to  you. 

"  Men  of  Kentucky,  let  me  call  to  your  view  (and  I  trust  to  your 
abhorrence)  the  conduct  of  those  factions  which  hurried  you  into 
this  civil,  unjust  and  unnatural  war.  At  a  time  when  Great  Brit- 
ain was  straining  every  nerve  in  defence  of  her  own  and  the  liber- 
ties of  tlie  world — when  the  bravest  of  her  sons  vere  fighting  and 
bleeding  in  so  sacred  a  oause-Avhen  she  was  spending  millions  of 
her  treasure  in  endeavoring  to  {.i:ll  down  one  of  the  most  formida- 
ble and  dangerous  tyrants  that  ever  disgraced  the  form  of  man — 
when  groaning  Europe  was  almost  in  her  la.  t  gasp — when  Britons 
alone  showed  an  undaunted  front- -baselj  lid  tho'  assutsinscn- 
dcavc  to  stab  her  from  the  rear.  .  She  has  turned  c .  them,  renova- 
ted fVom  the  bloody  but  snccessfbl  struggle ;  £u  or  ?  is  happy  and 
free,  and  she  now  hastens  justly  to  aveng  '  the  unprovokc^  msult. 
Show  them  that  you  are  not  collectivol;>  Ui<  just ;  leave  that  con- 
temptible few  to  shift  for  themselves ;  lei  these  slaves  of  the  tyrant 
send  an  embassy  to  Elba,  and  implore  his  aid ;  but  let  every  hon- 
est, upright  American  spurn  them  with  merited  contempt.  After 
the  experience  of  twenty-one  years,  can  you  any  longer  support 
those  brawlers  for  liberty,  who  call  it  freedom,  wheu  themselves  are 
free  ?  Be  no  longer  their  dupes ;  accept  of  my  offers  \  everything  I 
have  promised  in  this  paper  I  guarantee  to  you  on  the  sacred  honor 
of  a  British  officer." 

This  document,  so  faulty  in  style,  and  so  deficient  in 
common  sense,  produced  ir>  more  effect  on  those  to  whom 
it  was  addressed,  than  ii  1..  had  forever  remained  locked 
up  in  the  confised  brains  which  gave  it  to  the  T7orld. 
The  object  of  tuis  inconsiderable  expedition  under  Colo- 
nel NichoHs,  but  ;he  forerunner  of  the  truly  formidable 
one  which  was  behind,  seems  to  have  been  to  sound  the 
disposition  of  the  inhabitants  of  the  Flondas,  Louisiana 
and  Kentucky,  to  procure  the  necessary  information  for 
more  important  operations,  and  to  secure  pilots  to  con- 
duct the  main  expedition  to  our  coast  and  to  our  waters, 
rather  than  attempt  anything  of  a  decisive  character. 
It  is  worthy  of  remark  f^at,  in  the  abov^  reoitied  proclaf 


^^-v... 


l#-  ■•"■: 

N!  J  ■'■. 
h    i    ■-'■ 

3;;  ♦j-.U-  • 

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pi  i*'^  *••■•• . 


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si  ■  •  <  ■  '•^  '1 


U 


340 


COLONEL   NI0H0LL8   TO   THE  TEOOPS. 


[1814. 


It-'. 


mation  issued  by  ColoDel  Nicholls  it  was  openly  declar- 
ed that  the  Spaniards,  who  were  called  in  it  the  lawfiil 
owners  of  the  soil,  were  again  to  be  put  in  possession  of 
Louisiana,  and  that  a  Spanish  squadron  was  expected  to 
co-operate  with  the  British  fleet.  Researches  in  the 
archives  of  Spain  would  probably  demonstrate  whether 
this  assertion  was  true.  If  true,  it  is  probable  that  the 
expected  co-operation  of  Spain  was  prevented  by  politi- 
cal necessities  which  compelled  the  Government  of  Fer- 
dinand Vn.  to  turn  all  its  attention,  energies  and  re- 
sources to  those  disorders  which  at  the  time  were  begin- 
ning to  threaten  its  existence  at  home. 

Even  in  addressing  his  own  troops,  Colonel  NichoUs 
had  professed  that  the  invasion  of  Louisiana  was  intend- 
ed more  for  the  benefit  of  its  inhabitants  and  of  Spain, 
than  for  the  interest  of  Great  Britain;  for  in  his  orders  of 
the  day  to  the  first  colonial  battalion  of  the  Royal  Corps 
of  Marines,  his  words  were :  "  A  cuttse  so  sacred  as  that 
which  has  led  you  to  draw  your  swords  in  Europe  will 
make  you  un  sheath  them  in  America,  and  I  trust  you 
will  use  them  with  equal  credit  and  advantage.  In  Eu- 
rope your  aims  were  not  employed  in  defence  of  your 
country  only,  but  of  all  those  who  groaned  in  the  chains 
of  oppression,  and  in  America  they  are  to  have  the  same 
direction.  The  people  whom  you  are  now  to  aid  and 
assist  have  suffered  robberies  and  murders  committed  on 
them  by  Americans. 

"  xlie  noble  Spanish  nation  has  grieved  to  see  her  ter- 
ritories insulted,  having  been  robbed  and  despoiled  of  a 
portion  of  them  while  she  was  overwhelmed  with  dis- 
tress, and  held  down  by  the  chains  which  a  tyrant  had 
imposed  on  her,  gloriously  struggling  for  the  greatest 
of  all  possible  blessings,  true  liberty.  The  trea  herous 
Americans,  who  call  themselves  free,  have  attacked  her, 
like  assassins,  while  she  was  fallen.    But  the  day  of 


% 


[1814. 

leclar- 
iawftil 
ion  of 
:tedto 
IB  the 
hetter 
lat  the 
politi- 
of  Fer- 
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aid  and 
itted  on 


1814.] 


OLATBOJ^STe's   AVPBEHENSIOIfS. 


341. 


retribution  is  fast  approaching.  These  atrocities  will 
excite  horror  in  the  heart  of  a  British  soldier ;  they  will 
stimulate  you  to  avenge  them,  and  you  will  avenge  them 
like  British  soldiers.    Valor,  then,  and  humanity !" 

The  gathering  storm,  so  visible  on  a  not  distant  horizon, 
increased  Claiborne's  anxieties,  and  he  wrote  to  General 
Jackson  that  preparations  for  offence  and  defence  should 
rapidly  progress,  and  that,  on  his  part,  nothing  would 
he  omitted  which  his  means  permitted,  to  give  him  (the 
General),  whenever  called  upon,  the  most  prompt  sup- 
port. "But,"  said  he,  "those  means  are  at  least  ex- 
tremely limited.  With  a  population  differing  in  lan- 
guage, customs,  manners,  and  sentiments,  you  need  not 
be  surprised  if  I  should  not  with  entire  certainty  calcu- 
late on  the  support  of  the  people." 

Such  communications,  and  they  were  frequent,  must 
have  produced  a  deep  ynpression  on  Jackson's  mind,  and 
must  have  confirmed  the  worst  apprehensions  which  he 
might  have  entertained ;  for,  a  few  days  before,  Claiborne' 
had  informed  him  that  the  militia  of  the  State  was  un- 
disciplined, for  the  most  part  unarmed,  and  infected  with 
a  leaven  of  disobedience,  which  had  been  encowaged  hy 
the  Legislature,  "  Upon  the  whole,"  said  h^  '•o  General 
Jackson,  "  I  cannot  disguise  from  you  the  fact  that,  if 
Louisiana  should  be  attacked,  we  must  principally  de- 
pend for  security  upon  the  prompt  movement  of  ihe 
regular  troops  under  your  command,  and  the  militia  of 
the  Western  States  and  Territories.  At  this  moment 
we  are  in  a  v^ry  unprepared  and  defenceless  condition. 
Several  important  points  of  defence  remain  unoccupied, 
and,  in  case  of  a  sudden  attack,  this  capital  would,  I  fear, 
fall  an  easy  sacrifice.  I  beg  you.  Sir,  to  pay  us  a  visit  as 
early  ae  your  public  duties  may  permit.  Your  presence 
here  is  greatly  desirable,  for  some  arrangements  might 
he  made  which  would  contribute  much  to  our  safety." 


■.#.•■  '^ 


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342 


Claiborne's  appbehensions. 


[1814. 


'  Hardly  had  a  few  days  elapsed,  when  he  again  ad- 
dressed General  Jackson  in  these  terms :  "  Contrary  to 
what  I  had  anticipated,  the  battalion  of  freemen  of  color 
have  not  acted  to-day  with  their  accustomed  propriety. 
The  great  majority  were  absent  from  parade,  and  much 
discontent  iz  said  to  prevail.  The  officers  have  assured 
me  that  thie  discontent  is  local,  or  rather  of  a  personal 
nature,  and  not  directed  against  the  Government.  I, 
however,  strongly  suspect  that  some  Spanish  or  English 
agent  has  made  injurious  impressions  on  the  minds  of 
the  people.  But  the  subject  shall  be  fiilly  probed,  and 
the  result  communicated  to  you ;  for,  charged  as  you  are, 
Sir,  with  the  defence  of  the  7th  Militia  District,  in  which 
Louisiana  is  included,  I  should  consider  myself  wanting 
in  duty  not  to  keep  you  advised  of  every  occurrence 
which  may  in  any  manner  affect  the  safety  of  this 
State.'' 

On  the  26th  of  the  same  month- he  reverted  to  the 
subject  which  seemed  to  agitate  his  mind,  and  again 
communicated  to  General  Jackson  his  gloomy  apprehen- 
sions. "  I  cannot,"  he  wrote,  "  disguise  from  you  the 
fact  that  I  have  a  difficult  people  to  manage.  At  this 
moment,  no  opposition  to  the  requisition  has  manifested 
itself;  but  I  am  not  seconded  with  that  ardent  zeal 
which,  in  my  opinion,  the  crisis  demands.  We  look 
with  great  anxiety  to  your  movements,  and  place  our 
greatest  reliance  for  safety  on  the  energy  and  patriotism 
of  the  Western  States.  In  Louisiana  there  are  many 
faithful  citizens,  but  I  repeat  that  there  are  others  in 
whose  attachment  to  the  United  States  I  cannot  confide. 
These  last  persuade  themselves  that  Spain  will  soon  re- 
possess herself  of  Louisiana,  and  they  seem  to  believe 
that  a  combined  Spanish  and  English  force  will  soon 
appear  on  our  coast.       .        .        .        .        .        . 


i  '  I  .■  (  , 


1814.] 


OLAIBOBNE  TO   GENERAL   JACKSON. 


343 


"I  need  not  assure  you  of  my  entire  confidence  in  you 
as  a  commander,  and  of  the  pleasure  I  shall  experience 
in  supporting  all  your  measures  for  the  common  defence. 
But,  Sir,  a  cause  of  indescribable  chagrin  to  me  is,  that 
I  am  not  at  the  head  of  a  united  and  willing  people. 
Native  Americans,  native  Louisianians,  Frenchmen  and 
Spaniards,  with  some  Englishmen,  compose  the  mass  of 
the  population.  Among  them  there  exists  much  jealousy, 
and  as  great  difference  in  political  sentiment  as  in  their 
language  and  habits.  But,  nevertheless,  if  Louisiana  is 
supported  by  a  respectable  body  of  regular  troops,  or 
of  Western  militia,  I  trust  and  believe  that  I  shall  be 
enabled  to  bring  to  your  aid  a  national  and  faithfiil 
cofps  of  Louisiana  militia ;  but  if  we  are  left  to  rely 
principally  on  our  own  resources,  I  fear  existing  jealous- 
ies will  lead  to  distrust  so  general,  that  we  shall  be 
enabled  to  make  but  a  feeble  resistance." 

Two  days  after,  on  the  29th,  Claiborne,  according  to 
his  constitutional  habit,  had  oscillated  from  distrust  to 
confidence,  and  wrote  as  follows  to  General  Jackson: 
"The  militia  of  Louisiana  seem  much  better  disposed 
than  they  were  last  year  to  take  the  field,  and  I  hope  to 
be  enabled  to  array  this  State's  quota  of  the  requisition 
without  difficulty.'*  The  reason  for  this  change  ought 
to  have  been  apparent  to  his  mind.  The  year  preceding, 
the  citizens  of  Louisiana  did  not  believe  in  the  rumors 
of  danger  with  which  tixey  were  threatened,  and  were, 
therefore,  loath  to  turn  away  from  their  ordinary  pursuits 
and  the  comforts  of  home.  But  when  the  invasion  mth 
which  they  had  been  menaced  became  a  demonstrated 
calamity  against  which  they  had  to  guard  their  country, 
they,  to  one  man,  sprang  to  such  arms  as  were  within 
their  reach. 

In  the  beginning  of  September,  Claiborne  addressed 
to  Girod,  the  Mayor  of  New  Orleans,  a  communication 


w 

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i?*„. 


344 


OLALstORNE  TO  THE   LOUISIANIANS. 


[1814. 


enjoining  the  utmost  vigilance  and  the  strictest  police 
with  respect  to  the  admission  and  resir  nee  of  strangerh 
in  the  city.  "The  attention  of  the  Mayor  and  City 
Coi'T  nl  to  this  interesting  subject  is,"  he  said,  "respect- 
ftill  7  'Tivited.  It  is  confidently  reported  that  a  British 
of^  er,  coming  from  the  Balize,  passed  whole  weeks  in 
this  city,  and  unless  some  efficient  measures  by  the  city 
authorities  are  promptly  resorted  to,  I  fear  that  their 
visits  may  be  repeated,  and  without  detection." 

On  the  8th,  he  issued  general  orders  for  the  militia, 
in  which  he  stimulated  their  zeal  in  these  words  :  "  The 
Commander-in-Chief  persuades  himself  that  no  efforts 
whicb  have  been,  or  may  be  made,  to  divide  us,  will 
prove  successful.  The  intrigues,  the  means  of  corrup- 
tion by  which  in  other  countries  our  enemy  has  so  much 
profited,  will  doubtless  be  attempted  here.  But  his 
character  is  well  understood,  and  it  is  hoped  that  his 
arts  will  not  avail  hina.  In  defence  of  our  homes 
and  families  tbere  surely  will  be  but  one  opinion — one 
sentiment.  The  American  citizen,  on  contrasting  his 
situation  with  that  of  the  citizen  or  subject  of  any  other 
country  on  earth,  will  see  abundant  cause  to  be  content 
with  his  destiny.  He  must  be  aware  how  little  he  can 
gain,  and  how  much  he  must  lose,  by  a  revolution  or 
change  of  government. 

"  If  there  be  any  citizen  who  believes  that  his  rights 
and  property  would  be  respected  by  an  invading  foe,  the 
weakness  of  his  head  would  excite  pity.  K  there  be  an 
individual  who  supposes  the  kind  of  force  with  which 
we  are  menaced  could  be  I'estrained  ftom  acts  of  violence, 
he  knows  little  of  the  character  of  thos0  allies  of  Great 
Britain  who  committed  the  massacre  at  Fort  Mimms. 

"  In  these  evil  days,  small  indeed  is  the  portion  of  af- 
fliction which  has  hitherto  befallen  Louisiana.  When  a 
hostile  army  breaks  into  the  territory  of  a  nation,  its 


'Wr- 


1814.] 


PUBLIC  MEEnNG. 


345 


sH 


course  is  marked  wiih  scenes  of  desolation  wLich  centu- 

•  

ries  of  industry  cannot  repair.  With  what  union,  with 
what  zeal,  should  all  our  energies  be  exerted  to  defend 
our  country  against  like  misfortunes  I" 

The  same  day  on  which  he  issued  these  general  orders 
for  the  militia  of  Louisiana,  he  wrote  to  Governor  Shelby, 
of  Kentucky,  to  impress  him  with  the  urgency  of  for- 
warding to  the  defence  of  New  Orleans  all  the  troops 
which  were  expected  from  that  State.  "  I  do  not  know," 
he  said,  "  how  far  I  shall  be  supported  by  the  militia  of 
my  own  State.  It  grieves  me  to  say  that,  to  this  moment, 
there  has  not  been  manifesied  all  that  union  and  zer.l 
which  the  crisis  demands,  a  ^d  which  is  so  essential  to 
our  safety.  There  is  d«spondercy  among  the  Louisian- 
ians  which  palsies  all  my  preparations  for  defence.  They 
see  no  strong  regular  force  around  which  to  rally,  and 
they  seem  to  think  themselves  not  within  the  reach  of 
seasonable  succor  from  the  Western  States.  But  were  a 
strong  detachment  of  the  militia  of  your  State  to  descend 
the  Mississippi,  it  would,  I  am  persuaded,  inspire  my 
fellow-citizens  here  with  confidence,  and  call  forth  their 
zealous  and  united  effort  in  the  defence  of  the  country 
and  Government," 

On  the  15th,  a  verj^  numerous  and  respectable  meeting 
of  the  citizens  of  New  Orleans  and  its  vicinity  was  held, 
pursuant  to  public  notice,  at  Tremoulet's  Coffee  House, 
to  consider  the  propriety  of  naitiing  a  committee  to  co- 
operate with  the  constituted  authorities  of  the  State  and 
General  Government  in  suggesting  measures  of  defence, 
and  calling  out  the  force  of  the  country  in  the  present 
emergency.  Edward  Livingston  was  called  to  the  chair, 
and  Richard  Relf  was  appointe4  Secretary.  lAvingston, 
after  an  eloquent  speech,  proposed  the  following  Reso- 
lutions : 

"  Resolved,  That  on  all  important  national  questions  it  is  proper, 


"h 


..s'-..V'-.--*i3.i 


ci^^m 


•••,  ■•♦, 


|.'."-.<^''.vlu¥ 


346 


PATRIOTIC   BESOLUnONS. 


[1814. 


asv.;vj  I?*'-: 


and  in  urgent  emergencies  it  is  necessary,  for  the  citizens  of  a  free 
government  to  aid  their  magistrates  nnrl  officers  by  a  proffer  of 
their  supi>ort  in  the  performance  of  their  funotionf 

"  Resv'ved^  That  in  this  State  such  an  expression  ot  public  opin- 
ion is  peciiliarly  proper,  because  the  (iieiuy  has  dared  lo  ..Ilege  that 
wc  are  di^iaffected  to  our  go".  t  mmerii,,  ti  d  iv  i*dy  ^-n  as-i  v '  ".m  in  his 
attempts  on  our  indepepdencr — an  alleg^atlon  v.  hich  v. «  iioclare  to 
be  false  and  insidiouw,  tending  to  oreuie  doubts  of  our  fidelity  to 
the  Union  of  which  we  -vre  a  member,  and  which  we  repel  with  the 
.indignatioa  they  are  calculated  to  inspire. 

*^  Resolved,  Thni  a  union  vT-th  thi  other  States  in  necessary  to 
the  prosperity  of  this,  and  that  vrliile  we  rely  upon  them  for  assist- 
anc*>  and  protection,  we  will  siot  h^  wanting  u:  every  fxertion  pro- 
])ortionate  to  our  strength,  in  order  to  Diaintain  internal  tranquil- 
!iiy,  repel  Invasion,  and  preserve  to  the  United  States  this  import- 
ant accession  to  its  commerce  and  security. 

^*  Jit  solved,  as  the  sense  of  this  assembly,  that  t!ie  good  people 
of  this  State  are  attached  to  the  Government  of  the  United  States, 
and  that  they  will  repel  with  indignation  every .  attempt  to  create 
disaffection  and  weaken  the  force  of  the  country,  by  exciting  dis- 
sensions and  jealousies  at  a  moment  when  4inion  is  most  neces- 
sary. 

"  Resolved,  That  we  consider  the  pi-eaent  'x&  a  crisis  serious,  but 
not  alarming — that  our  country  is  capable  of  defence — ^that  we  do 
not  despair  of  the  Republic,  and  that  wo  will,  at  the  risk  of  our 
lives  and  fortunes,  defend  it. 

**  Resolved,  That  a  committee  of  nine  members  be  appointed  to 
co-operate  with  the  constituted  civil  and  military  authorities  in 
suggesting  means  of  defence,  and  calling  forth  the  energies  of  the 
country  to  repel  invasion  and  preserve  domestic  tranquillity." 

Edward  Livingston,  Pierre  Foucher,  Dusuau  de  La 
Croix,  B.  Morgan,  G.  M.  Ogden,  D.  Bouligny,  J.  N.  Des- 
tr«^Lan,  J.  Blanque  and  A.  Macarty  were  appointed  on 
the  Committee. 

They  immediately  issued  the  following  address : 

"  Fellow-citizens : — ^Named)>y  a  numerous  assembly  of  the  citizens 
of  New  Orleans  to  aid  the  constituted  authorities  in  devising  the 
most  certain  means  of  guarding  against  the  dangers  which  threaten 
you,  our  first  duty  is  to  apprise  you  of  the  extent  of  those  dangers. 
Your  opea  enemy  is  preparing  to  attack  you  from  without,  and,  by 


■fi; 


'■A  -a 


'•l^;-:' 


mgers. 
md,  by 


1814.]  committee's  ADDBESS  to  L0UI8IANIANS.  347 

means  of  his  vile  agents  dispersed  through  the  country,  endeavors 
to  excite  to  insurrection  a  more  cruel  and  dangerous^pne  in  the 
midst  of  you. 

"  Fellow-citizens,  the  most  perfect  union  is  necessary  among  all 
the  individuals  who  compose  our  community ;  all  have  an  equal 
interest  in  yielding  a  free  and  full  obedience  to  their  magistrates 
and  officers,  and  in  forwarding  their  views  for  the  public  good;  all 
have  not  only  their  property,  but  their  very  existence,  at  stake. 
You  have,  through  your  representatives  in  the  Convention,  con- 
tracted the  solemn  obligation  of  becoming  an  integral  part  of  the 
United  States  of  America ;  by  this'  measure  you  secured  your  own 
sovereignty,  and  acquired  the  invaluable  blessing  of  independence. 
God  forbid  that  we  should  believe  there  are  any  among  us  disposed 
to  fail  in  the  sacred  duties  required  by  fidelity  and  honor.  A  just 
idea  of  the  geographical  situation  of  your  country  will  convince  you 
that  your  safety,  and  in  a  greater  degree  your  prosperity,  depends 
on  your  being  irrevoca;bly  and  faith^Uy  attached  to  a  union  with 
the  other  States.  But  if  there  exist  among  you  men  base  or  mad 
enough  to  undervalue  their  duties  and  their  true  interest,  let  them 
tremble  on  considering  the  dreadful  evils  they  will  bring  down  upon 
themselves  and  upon  us,  if  by  their  criminal  indifference  they  favor 
the  enterprises  of  the  enemy  against  our  beloved  country: 

"  Fellow-citizens,  the  navigation  of  the  Miss'^^'.ppi  is  as  neces- 
sary to  two  nullions  of  our  Western  b^thren,  as  the  blood  is  to 
the  pulsation  of  the  heart.  Those  brave  men,  closely  attached  to 
the  Union,  will  never  suffer,  whatever  seducing  offers  may  be  made 
to  them,  the  State  of  Louisiana  to  be  subject  to  a  foreign  power ; 
and  should  the  events  of  war  enable  the  enemy  to  occupy  it,  they 
will  make  every  sacrifice  to  recover  a  country  so  necessary  to  their 
existence.  A  war  ruinous  to  you  would  be  the  consequence ;  the 
enemy,  to  whom  you  would  have  had  the  weakness  to  yield,  would 
subject  you  to  a  military  despotism,  of  all  others  the  most  dread- 
ful; your  estates,  your  slaves,  yoia  persons  would  be  put  in  requi- 
sition, and  you  would  be  forced,  at  the  point  of  the  bayonet,  to 
fight  against  those  very  men  whom  you  have  voluntarily  chosen 
for  fellow-citizens  and  brethren.  Beloved  countrymen,  listen  to 
the  men  honored  by  your  confidence,  and  who  will  endeavor  to 
merit  it.  Listen  to  the  voice  of  honor,  of  duty,  and  of  nature. 
Unite  I  Form  but  one  body,  one  soul,  and  defend  to  the  last  ex- 
tremity your  sovereignty,  your  property;  defend  your  own  lives, 
and  the  dearer  existence  of  your  wives  and  children." 

It  is  not  known  wliy  Blanque,  wlio  was  one  of  the 


n- 


h  ■•.?■■■; 


Sf*4v^ 


■'''^¥"^ 

'..1- ■:'':(:'.■  y. 
j'    .  '■.5.-'' 

■i.,  :>jt  < 
■  ■  "• .  ■ 


>  ■'■■ 


•-' » . 


..  i 


f^ 


848 


CLAIBOBKE  TO   MATOB   6IB0D. 


[18U 


Committee  and  one  of  the  leading  members  of  the  Legis- 
late •'e,  di^not  sign  this  address,  which  it  is  impossible  to 
read  -  Jthoiit  inferring  from  its  tone  that  its  authors  had 
some  secret  misgivings  as  to  the  existence  of  that  unity 
of  feeling  and  action  which  they  so  pathetically  recom- 
mended, and  of  which  they  affected  to  have  no 
doubts. 

On  the  17th,  Claiborne  sent  to  Gu'od,  the  Mayor  of 
the  City,  a  communication,  in  which  he  informed  that 
magistrate  that  New  Orleans  had  been  of  late  visited 
by  a  number  of  persons  of  suspicious  conduct  and  char- 
acter, and  ampng  them,  as  he  had  reasons  to  believe,  by 
agents  of  the  enemy,  who  had  been  busily  engaged  in 
exciting  the  negroes  to  insurrection.  He  said  he  knew 
that  the  powers  of  the  City  Council  were  merely  local, 
and  that  its  means  of  action  were  circumscribed,  but 
nevertheless  he  invited  the  city  authorities  to  co-operate 
with  him  as  far  as  they  could,  and  he  invited  them  also 
to  a  careful  revision  of  the  several  ordinances  relative  to 
the  admission  and  residence  of  strangers,  and  to  the  po- 
lice of  slaves.  "Regulations  the  most  rigid  on  these 
points,"  he  said, "  are  highly  desirable.  Such  as  are  now 
in  force  were  made  in  the  calm  of  peace,  and  may  not  be 
suited  to  the  evil  times  on  which  we  have  fallen.  We 
must  not  scruple,  at  the  present  moment,  about  the  ex- . 
orcise  of  authority ;  w^e  must  proceed  direct  to  our  ob- 
ject, and  do  whatever  may  depend  upon  us  for  the 
general  security." 

In  the  mean  time,  the  British  were  carrying  on  with 
activity  their  plan  of  invasion.  Their  first  effort  was 
directed  against  Fort  Bowyer,  which,  commanding  the 
entrance  of  Mobile  Bay,  and  consequently  the  navigation 
of  the  rivers  which  empty  into  it,  was  a  point  of  con- 
siderable military  importance,  pai'ticularly  in  contribut- 
ing to  the  success  of  the  intended  operations  against 


%'_ 


1914.] 


ATTACK   ON   FOBT  BOtTTEB. 


849 


Louisiana.*  It  also  commands  that  species  jof  Archi- 
pelago whieli  extends  in  a  parallel  directi(JlL  to  Pass 
Marianne  and  Pass  Christianne,  Affording  to  its  possessors 
an  exclusive  control  over  the  navigation  of  the  coast  of 
West  Florida.  This  important  strategical  point  was  de- 
fended by  Fort  Bowyer,  which  was  but  a  very  incomplete 
fortification.  It  was  destitute  of  casemates  even  for  the 
sick,  the  ammunition  and  provisions.  Moreover,  it  was 
badly  situated,  as  it  was  commanded  by  several  mounds 
of  sand  at  the  distance  of  two  to  three  hundred  yards. 
The  garrison,  under  Major  Lawrence,  consisted  Ojf  one 
hundred  and  thirty  men,  including  officers,  with  twenty 
pieces  of  cannon,  but  indifferentlj-  mounted.  Some  of 
them  were  on  temporary  platforms,  and  the  men  were 
exposed  from  their  knees  upward. 

On  the  morning  of  the  12th,  tbe  enemy  landed  six 
hundred  Indians  and  one  hundred  and  tbirty  marines. 
In  the  evening,  two  English  sloops-of-war  and  two  brigs 
anchored  within  six  miles  east  of  the  fort. 

On  the  13th  and  14th,  the  forces  of  the  enemy  which 
were  to  operate  on  land  were  engaged  in  reconnoiteiing 
the  back  part  of  the  fort,  and  in  fortifying  their  own 
position.  A  fow  cannon-balls  and  shells  were  exchanged 
between  the  belligerents,  without  much  effect  on  either 
side.  Early  on  the  morning  of  the  15tb,  the  movements 
of  the  enemy  gave  clear  indications  of  his  intention  to 
attack,  and  a  very  active  communication  was  perceived 
between  the  ships  and  the  troops  on  shore.  The  conflict 
was  to  be  an  unequal  one ;  for,  as  I  have  said,  the  Amer 
icans  numbered  only  one  hundred  and  thirty  men  with 
twenty  pieces  of  artillery,  whilst  the  Britisb  forces 
amounted  to  thirteen  hundred  and  ^irty  men,  with 
ninety-two  guns,  ninety  of  which  were  thirty-two-pound 

*  Lacarrl^re  Latour'a  Htatorieal  Memtilr;  p.  81. 


:*v^^ 


IT 


,-:<,;•;,■.•.  '..-.'■('iirai'll 
-■.-.;. ■■■I-:.*  <f ^f 


.  > 


350 


OF  FOBT  BOWYSB. 


[1814. 


'.     •■'>  -  v. 


5i'  '..*■;, 


I  §$.'1;  f'i    ■  •  Sjt*V«''      '"       ■    • 


narronaiip^  Their  fleet  consisted  of  the  sloops  Hermes 
and  Car  A,  and  of  the  biigs  Sophia  and  Anaconda,  under 
the  command  of  Captain  Percy. 

Major  Lawrence,  at  this  critical  moment,  called  a 
council  of  all  his  officers.  They  unanimously  agreed  to 
make  the  most  obstinate  and  vigorous  defence,  and 
adopted  the  following  resolution  : 

"  That  in  case  of  being,  by  imperious  necessity,  com- 
pelled to  surrender  (which  could  only  happen  in  the  last 
extremity,  on  the  ramparts  being  entirely  battered  down, 
and  the  garrison  almost  wholly  destroyed,  so  that  any 
furthei*  resistance  would  be  evidently  useless),  no  capitu- 
lation  should  be  agreed  on,  unless  it  had  for  its  funda- 
mental article  that  the  officers  and  privates  should  retain 
theii'  arms  and  their  private  property,  and  that  on  no 
pretext  should  the  Indians  be  suffered  to  commit  any 
outrage  on  their  persons  or  property  ;  and  unless  full 
assurance  were  given  them  that  they  would  be  treated 
as  prisoners  of  war,  according  to  the  custom  established 
among  civilized  nations."  All  the  officers  of  this  Spartan 
band  unanimously  swore  that  in  no  case,  nor  on  any 
pretext  would  they  recede  from  the  above  conditions  ; 
and  they  pledged  themselves  to  each  other  that,  in  case 
of  the  deal  of  any  of  them,  the  survivoro  would  still 
consider  themselves  bound  to  adhere  to  what  had  been 
resolved  on." 

Late  in  the  afternoon,  at  half-past  four,  the  Hermes 
came  to  anchor  within  musket-shot  of  the  fort's  batteries, 
and  the  other  three  ships  took  their  line  of  battle  behind 
her.  Soon  the  engagement  became  general,  and  a  land 
batter)',  which  had  been  established  by  the  enemy  at 
seven  hundred  yards  from  the  fort,  opened  Are  against  it 
with  a  twelve-pounder  and  a  six-inch  howitzer.  It  was 
lOon  silenced,  however,  but  the  firing  between  the  ships 


:Vi. 


1814.] 


ATTACK   OS  FOBT  B 


dW^ES. 


351 


and  the  fort  was  kept  up  with  great  foiy,  M^Ihalf-pant 
five,  when  the  English  commander's  flag  wi#9Mned  away 
by  a  cannon-ball. 

On'  observing  this  occurrence,  Major  Lawrence  in- 
stantly ordered  the  fire  to  cease,  thus  chivalrously  paus- 
ing for  a  fiMher  manifestation  of  the  intention  of  the 
enemy,  who  also  discontinued  firing  for  about  five  min-^' 
utes,  at  the  expiration  of  which  all  doubts  wert^removed^ 
by  a  broadside  from  one  of  the  ships,  and  the  hoisting  up  ^ 
of  a  new  fiag  on  board  of  the  Hermes.  The  fort  replied 
with  all  its  guns,  and  the  battle  continued  for  some  ^me 
without  any  abatement,  when  the  Hermes,  having  Had 
her  cable  cut^  was  carried  away  by  the  current,  and*  pre- 
sented her  prow  to  the  fort,  whose  well-directed  fire 
swept  her  deck  for  fifteen  or  twenty  minutes.  At  the 
moment  whan  the  fire  was  most  intense,  the  flag-staff  of 
the  fort  was  shot  away ;  but  the  Hei-mes,  instead  of  fol- 
lowing the  example  so  recently  set  by  Major  Lawrence, 
redoubled  her  fire  instead  of  suspending  it,  and  each  one 
of  the  other  ships  poared  her  broadside  against  the  fort. 
When  the  American  flag  thus  accidentally  disappeared, 
the  land  forces,  thinking  that  the  fort  Was  to  sun^ender, 
hastily  advanced  toward  it,  with  loud  shrieks  oh  the  part 
of  the  Indi^yos,  but  a  few  discharges  |>f  .grape-shot  sent 
them  away  to  seek  shelter  behind^  their  sand  mounds, 
and  the  star-spangled  banner  soon  rose  up  again  on  the 
edge  of  the  piprapet  in  a  still  more  defiant  position.  Dur- 
ing this  interval,  the  Hermes,  having  not  been  able  to  re- 
pair the  loss  of  her  cable,  had  drifted  away  with  the 
current  about  a  mile,  when  ^e  got  agroimd,  and  was  set 
oD  fire  and  abandoned  by  the  British.  Soon  after,  the 
other  ships,  which  had  been  much  damaged,  retired  grad- 
ually beyond  the  reiach  of  our  guns,,  and  finally  disap- 
peared seaward.  At  11  o'clock  iie  Hermes  blew  up, 
suddenly  illumining  with  her  explosion  the  late  scene  of 


•'J 


•  '^'\ 


J    'T . 


.l.f 


1. 1 ;  -: 


ff.  Y 


(I   *  -^  ■  ■ 


'>    "   .■■'.■ 


ti  •*   ■  ''  ': 

■•.;  i^:■■ 


I.'V^^  .•: -Ill*' ^'-."iJfriii^''  ;        . 


"^  s 


86 


i 


BBITISH   BEvULJ^D. 


[1814. 


tbat  fierce  ^ntest,  on  which  row  had  nettled  the  dark- 
ness and  t!ke  tepoBe  of  night. 

The  Americans  were  justly  proud  of  this  victory,  for 

its  results  were  remarkable,  consideiing  the  disparity  of 

the  forces  engaged  and  of  the  implements  of  war  used  on 

the  occasion.    They  had  only  twelve  gunsA^hich  could 

^be  brought  to  bear  on  the  enemy,  and  these  guns  were 

rorked  iby  inexperienced  men,  who  knew  nothing  of 

J"  artillery  service,  with  which  even  some  of  their  officers 
'  ^  were  far  from  being  familiar.  Yet  they  succeeded,  with 
ve]9!^%tlile  loss,  in  signally  defeating  an  enemy  whose 
superl^ty  has  been  shown  to  be  so  striking.  Only  two 
jof  fneir  guns  had  been  silenced ;  their  killed  jdid  not  exceed 
four,  which  was  also  the  «iumber  of  their  wounded,  whilst 
the  British  had  one  hundred  and  .sixty-two  men  killed 

,^nd  seventy  wounded,  losing  one  28-gun  sUp,  and  hav- 
ing the  other  three  badly  dam^.ged.  The  humiliation  of 
the  enemy  was  complete,  and  made  keener  from  the  fact 
that  Captain  Percy,  relpng  with  too  mueh  pride  on  the 
number  of  troops  and  guns  with  which  he  was  to  attack 
Fort  Bowyer,  had  openly  boasted  that  he  would  take  it 
in  twenty  minutes. 

This  victory  produced  great  elation,  and  was  looked 
upon  as  the  welcome  harbinger  of  fiitiu'e  triumphs.  On 
the  21st,  General  Jackson  issued  from  hit  headquarters 
at  Mobile  the  two  following  proclamations — one  ad- 
dressed to  the  white  population  of  Louisiana,  and  the 
other  to  its  free  colored  inhabitflits : 

"Louisianians,  the  base,  the  perfidious  Britons  have  attempted 
to  invade  yoijf  country ;  they  had  the'temerity  to  attack  Fort  Bow- 
yer with  their  incongruous  horde  of  Indians  and  negro  assassins ; 
they  seemed  to  have  forgotten  that. this  fort  was  defended  by  free- 
men ;  they  were  not  long  indulged  in  their  error ;  the  gallant  Law- 
rence, with  his  little  Spartan  band,  has  given  them  a  lesson  that 
will  last  for  ages;  he  has  taught  them  what  men  can  do,  when 
fighting  for  their  liberty  and  contending  against  sla\  e8«    He  has 


,  -pi- 
ll «-T  ■ 


1614.] 


OENEBAL  JACKSON'S  PBOCDKKATION. 


liii 


358 


'f  4  ^  ' 


[e  has 


convinced  Sir  W.  H.  Percy  that  his  companions-in-arnui  are  not  to 
be  conquered  bj  proclamation*,  and  that  the  ■trongwtBiltiah  bark 
is  not  Invulnerable  to  the  fome  of  American  artillery,  directed  by 
the  steady,  nervous  arm  of  »  freeman. 

"  Lonisianians,  the  proud  Briton,  the  natural  and  sworn  enemy 
of  all  Frenchmen,  has  called  upon  you,  by  proclamation,  to  aid 
him  in  his  tyranny,  and  to  prostrate  the  holy  temple  of  our  liberty. 
Can  Louisianians,  can  Frenchmen,  can  Americans,*  ever  stoop  to  be 
the  slaves  or  allies  of  Britain  ? 

''The  proud,  vainglorious  boaster.  Colonel  Nicholls,^hen  he 
addressed  you,  Louisianians  and  Kentttckians,'had  forgotten  that 
you  were  the  votaries  of  freedom,  or  he  never  would  have  pledged 
the  honor  of  a  British  officer  for  the  faithftil  performanf)^  «f  bis 
promise  to  lure  you  from  your  fidelity  to  the  govemmen^f^l^^^*"^ 
choice.  I  ask  you,  Louisianians,  can  we  place  any  oonfidemaflwin 
the  honor  of  mm  ^ho  have  courted  an  alliance  with  pirates  and 
robbers?  Have  not  these  noble  Britons,  these  honorable  men, 
Colonel  Nioholls  and  the  ]^onorable  Captain  W.  ^,  Percy,  the  true 
representative^  of  their  rx^yal  master,  done  this?  Have  they  not 
made  offers  to  the  pirttei  of  Bamtarift  to  Join  them  and  their  holy 
cause?  And  have  they  not  dared  to  insult  you  by  calling  on  you 
to  associate,  as  brethren,  with  them  and  these  hellish  banditti  ? 

"Louisianians,  the  government  of  your  choice  is  engaged  in  a 
just  and  honorable  contest  for  the  security  of  your  individual  and 
national  rights.  On  you,  a  part  of  America,  the  only  country  on 
earth  where  every  man  enjoys  freedom,  where  ilk  blessings  are  alike 
extended  to  the  poor  and  the  rich,  she  calls  to  protect  these  rights 
^m  the  invading  usurpation  of  Britain,  and  she  calls  not  in  vain. 
I  well  know  that  Qvery  man  whdse  soul  beats  high  at  the  proud 
title  of  freeman;  ^hat  every  Lonisianian,  either  by  birth  or  adop- 
tion, will  promptly  ob^  the  voice  of  his  country,  will  rally  round 
the  eagle  of  Columbia,  secure  it  from  the  pending  danger,  or  nobly 
die  in  the  last  diteh  in  its  defence. 

"  The  individual  who  refhses  to  defend  his  rights  when  called 
upon  by  his  government  deserves  to  be  a  slave,  and  must  be  pun- 
ished as  an  enemy  to  his  country,  aad  a  friend  to  her  foe. 

"  The  undersigned  has  been  intrusted  with  the  de^ce  of  your 
country.  On  you  he  relies  to  fud  in  this  important  duty ;  in  this 
reliance  he  hopes  not  to  be  mistaken.  Be  trusts  in  the  justice  of 
his  cause  apdthe,  patriotism  of  his  countiTmen.  Confident  tha,t 
any  future  attempt  to  invade  our  soil  will  be  repelled  aa  the  last, 
he  calls  not  upon  either  pirates  or  robbers  to  Join  him  in  the 
glorious  cause.** 

28 


>^Kr^i 


■  .V 

a  ■  *  7' 


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tm 


•  ■.  i-i'l*^  i''i5*hr'"' 
■  "■  v^^■-•«f'':^■■i;'■;•!»;•'^■^ 


1  ''.','.•'.? 


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fi.Kic- 


354 


GEJfEEAL  Jackson's  proclamation. 


[1814. 


Hiis  36cument  did  not  escape  criticism.  It  was 
thought  by  some  to  be  written  in  an  undignified  tone  of 
anger,  which  had  betrayed  its  author  into  the  use  of  ep- 
ithets both  unbecoming  and  untrue  in  their  application. 
Britons  were  not  "slaves,"  and  it  was  hardly  possible  to 
proclaim  therp  to  be  in  this  degraded  condition,  without 
ranking  still  lower  the  rest  of  mankind,  with  the  excep- 
tion of«the  Americans.  The  Louisianians  were  very  un- 
willing thus  to  Admit  constructively  that  they  had  been 
slaves,  even  when  living  under  Governments  by  which 
the  liberties  "md  rights  of  subjects  were  far  more  restrict- 
ed, than  by  the  one  which  has  been  the  boast  and  the 
glory  of  Great  Britain  since  the  overthrow  of  the  Stu- 
arts. The  word  "  slave"  applied  to  Englishmen  grated 
harshly,  notwithstanding  national  antipathies,  on  the 
ears  of  Frenchmen,  Spaniards  and  other  Europeans,  who 
constituted  a  numerous  body  in  New  Orleans,  and  who 
felt  instinctively  that  this  contemptuous  expression  could 
not  strike  England  without  glancing  from  her  breast  to 
their  own.  It  might  be  inferred  that  they  were  at  best 
but  emancipated  slaves  aihong  the  free:bom  Americans. 
Hence  this  address  was  looked  upon  by  the  discontented  as 
a  poor  specimen  of  tact  and  policy ;  and  there  were  others 
who  took  pleasure  in  railing  at  the  assertion,  so  compla- 
cently repeated,  that  the  Louisianians  were  bound  in 
honor  to  defend  the  Government  of  the  United  States, 
as  "  the  Government  of  their  choice,"  when  it  was  so 
well  known  how  little  they  had  been  consulted  on  the 
subject,  and  how  harshly  they  had  been  treated  on  their 
first  contact  with  their  new  brethren — with  that  great 
national  family  into  whose  bosom  it  had  been  expressly 
stipulated  that  they  should  be  admitted  on  a  footing  of 
equality  with  the  other  members.  These  censorious  re- 
marks, however,  did  not  produce  much  eflfect  on  the  mass 
of  the  population.    But  his  second  prodamation  was 


1814.] 


JACKSON  TO  THE  COLORED  MBIT. 


iV'dS^M 


356 


considered  more  objectionable  even  by  tbe  well-affected. 
It  was  addressed  to  tbe  free  colored  men,  and  ran  as 
follows: 

"  Throagh  a  jtnistaken  policy  you  have  heretofiw*  been  deprived 
of  a  participatioii  in  the  glorious  struggle  for  national  rights  in 
which  our  country  is  engaged.    This  no  longer  shaU  exist. 

"As  sons  of  freedom,  you  a  aow  called  upon  to  defend  our 
most  inestimable  blessing.  As  Americans,  your  countiy  looks  with 
confidence  to  her  adopted  children  for  a  valorous  support,  as  a 
faithful  return  for  the  advantages  enjoyed  under  her  mild  and 
equitable  government.  As  fathers,  husbands,  and' brothers,  you 
are  summoned  to  rally  round  the  standard  of  the  eagle,  to  defend 
all  which  is  dear  in  existence. 

"  Your  country,  although  calling  for  your  exertions,  does  not 
wish  you  to  engage  in  her  cause  without  amply  remunerating  you 
for  the  services  rendered.  Your  intelligent  minds  are  not  to  be  led 
away  by  false  representations.  Your  love  of  honor  would  cause 
you  to  despise  the  mapi  who  should  attempt  to  deceive  you.  In 
the  sincerity  of  a  soldier  and  the  language  of  tr^th  I  address 
you. 

"  To  every  noble-hearted,  generous  freeman — ^men  of  color,  vol- 
unteering to  serve  during  the  present  contest  with  Great  Britain, 
and  no  longer,  there  will  be  paid  the  same  bounty  in  money  and 
lands  now  received  by  the  white  soldiers  of  the  United  States,  viz : 
one  hundred  and  twenty-four  dollars  in  money,  and  one  hundred 
and  sixty  acres  of  land.  The  non-commissioned  officers  and  pri- 
vates will  also  be  entitled  to  the  same  monthly  pay  and  daily  ra- 
tionE,  and  clothes,  ftimished  to  any  American  soldier. 

"  On  enrolling  yourseh  es  in  companies,  the  Major-General  com- 
manding will  select  officers  for  your  government  from  your  white 
fellow-citiaens.  Your  non-commiesioned  officers  will  be  appointed 
from  among  yourselves. 

"  Due  regard  will  be  paid  to  the  feelings  of  freemen  and  sol- 
diers. You  will  not,  by  being  associated  with  white  men  in  the 
same  coi'ps,  be  exposed  to  improper  comparisons,  or  ui\jabi  sar- 
casm. As  a  distinct,  independent  battalion,  or  regiment,  pursuing 
the  path  of  glory,  you  will,  undivided,  receive  the  applause  and 
gratitude  of  your  countrymen. 

"  To  assure  you  of  the  sincerity  of  my  intentions  and  my  anxio* 
ty  to  engage  your  invaluable  services  to  our  country,  I  have  com- 
municated my  wishes  to  the  Governor  of  Louisiana,  who  is  fully 


u 


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356 


JACKSON  TO  THE  0OL0BI3)  IklEN. 


[1814. 


informed  as  to  the  manner  of  enrollment,  and  will  give  you  every 
necessary  information  on  the  subject  of  this  address.'* 

This  proclamation  was  looted  upon  by  many  as  ex- 
ceedingly objectionable,  on  the  ground  of  its  putting  the 
colored  men  too  mach  on  a  /boting  of  equality  with  the 
whites.  It  was  denied  that  the  native  mnlattoes  of  Lou- 
isiana were  entitled  to  the  appellation  of  "  sons  of  free- 
dom," and  that  the  colored  refugees  from  St.  Domingo  had 
any  claim  to  being  called  the  "  adopted  children"  of  the 
State.  It  was  still  more  strenuously  denied  that  they 
could,  whether  "  natives"  or  "  adopted  children,"  be  prop- 
erly designated  as  "  Americans," — a  question  which  was 
judicially  raised  years  afterward,  and  which  was  de- 
cided in  the  negative  by  the  Supreme  Coui-t  of  the 
United  States.  Even  those  who  were  the  best  disposed 
toward  that  peculiar  class  of  the  poptilation  objected 
to  their  being  raised  to  the  dignity  of  being  de- 
nominated as  the  " fellow-citizens" ^and  the  "country- 
men" of  the  white  race.  Claiborne  had  foreseen,  as  will 
be  seen  hereafter,  the  bad  effect  to  be  produced  by  this 
last  proclamation,  and  had  in  vain  sought  to  avert  it  by 
sending  gentle  hints  on  the  subject  to  General  Jackson. 

Whilst  planning  against  Fort  Bowyer  the  attack  which 
has  been  described,  and  which  was  so  signally  defeated, 
the  English  had  not  beeji  unmindful  of  another  point 
from  which,  as  alluded  to  in  one  of  General  Jackson's 
proclamations,  they  had  hoped  to  derive  assistance  in  their 
contemplated  invasion  of  Louisiana.  This  was  the  Bay 
of  Barataria,  which  was  known  by  them  to  be  the  asy- 
lum of  a  large  number  of  desperate  outlaws,  who  were 
supposed  to  be  inimical  to  the  Government  of  the  United 
States,  by  which  they  were  proscribed.  On  the  3d  of 
September,  an  English  brig  had  anchored  six  miles  frcn 
the  Baratariii,  Pass,  and  had  sent  ashore  a  flag  of  truce 
with  Captain  Mc Williams  and  Captain  Lockyer,  of  the 


undt 

tion 

the 

Johi 

nant 

Tc 

insti 

Brifcj 


'W 


1814.] 


COLONEL  NIOHOLLS   TO  JOHN  LAFITTE. 


357 


British  Navy,  as  special  messengers  to  John  Lafitte  and 
his  associates.  They  delivered  to  that  individual  a  let- 
ter from  Colonel  NichoUs,  who  addressed  Lafitte  as  "  The 
Commandant  at  Baiataria,"  and  in  the  following  style: 

"  I  have  arrived  in  the  Ploridas  for  the  purpose  of  annoying  the 
only  enemy  Great  Britain  has  in  the  worid,  as  France  and  England 
are  now  friends.  I  call  on  you,  with  your  hrave  followers,  to  enter 
into  the  service  of  Great  Britain,  in  which  yon  shall  have  the  rank 
of  a  captain.  Lands  will  he  given  to  you  all,  in  proportion  to  your 
respective  ranks,  on  a  peace  taking  place,  and  I  invite  you  on  the 
following  terms :  Your  property  shall  be  guaranteed  to  you,  and 
your  persons  protected — in  return  for  which  I  ask  you  to  cease  all 
hostilities  against  Spain,  or  the  allies  of  Great  Britain — your  ships 
and  vessels  to  be  placed  under  the  orders  of  the  commanding  offi- 
cer on  this  station,  until  the  commander-in-cluef  s  pleasure  is 
known ;  but  I  guarantee  their  full  value,  at  all  events.  I  herewith 
inclose  you  a  copy  of  my  proclamation  to  the  inhabitants  of  Louis- 
iana, which  wUI,  I  ti'ust,  point  out  to  you  the  honorable  intentions 
of  my  Government.  You  may  be  a  useful  assistant  to  me  in  for- 
warding them;  therefore,  if  you  determine,  lose  no  time.  The 
hearer  of  this.  Captain  McWilliams,  will  satisfy  you  on  any  other 
point  you  may  be  anxious  to  learn,  as  will  Captain  Lockyer,  of  the 
Sophia,  who  brings  him  to  you.  We  have  a  powerful  reinforce- 
•ment  on  its-  \^y  here,  and  I  hope  to  cut  out  some  other  work  for 
the  Americans  than  oppressing  the  inhabitants  of  Louisiana.  Be 
expeditious  in  your  resolves,  i  i'-  rely  on  the  verity  of  your  very 
humble  servant.''^ 


It  is  certainly  not  possible  to  suppose  from  the  tone 
of  this  letter,  and  the  offers  which  it  contains,  that  Colo- 
nel NichoUs,  of  the  British  Army,  would  ever  have  dared, 
under  any  cu'cumstances,  to  address  such  a  communica- 
tion to  any  one  whom  he  considered  as  justly  bearing 
the  character  of  a  "  captain  of  pirates,''  which  imputation 
John  Lafitte  had  always  protested  against,  and  indig- 
nantly repelled  as  a  calumnious  aspeision. 

To  this  letter  of  Colonel  Nicholls  were  annexed  the 
instructions  given  by  Sir  W.  H.  Percy,  Captain  of  His 
Britannic  Majesty's  ship  Hermes,  and  senior  officer  in 


:,  '  ■■■  ,V  -■    }»*"  'ill"'  ■    .■ 


>  V-,. 


'  .  'I 
,:":T.*.*.-<1 


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j^-:r- 


.;^;-.'*' 


,.  -■.'■>!■■« 

>   •■<■(•»,  ■. , 

/■^■•^■^  ' 


f:P 


,.^!l?k 


SIB   W.   H»  P3B0Y   TO  JOHN  LAFITTE. 


[1814. 


the  Gulf  of  Mexico,  to  Captain  Lockyer,  of  his  Majesty's 
.sloop  Sophia.  In  that  document  he  applies  the  softest 
and  most  guarded  language  to  Lafitte  and  his  compan- 
ions, in  relation  to  their  status,  and  designates  them  as 
the  "inhabitants  of  Barataria."    It  ran  as  follows: 

"  Haviug  understood  that  some  British  merohantv^cn  have  heen 
detained,  taken  into,  and  sold  by  the  inhabita7its  of,  Barataria,  I 
have  directed  Captain  Lockyer  to  proceed  to  that  place  and  in- 
quire into  the  circumstances,  with  positive  orders  to  demand  in- 
'  stant  restitution,  and,  in  case  of  refusal,  to  destroy  to  his  utmost 
«very  vessel  there,  as  well  as  to  carry- destruction  over  the  whole 
place ;  and,  at  the  same  time,  I  have  assured  him  of  the  co-operation 
of  all  his  Mt^esty's  naval  forces  on  this  stati6n.    I  tru(it,  at  the 
same  time,  that  the  inhabitants  of  Barataria,  consulting  their  own 
interest,  will  not  make  it  necessary  to  proceed  to  such  extremities. 
I  hold  out  at  the  same  time  a  war  instantly  destructive  to  them, 
and,  on  the  other  hand,  should  they  be  inclined  to  assist  Great 
,  .Britain  in  her  just  and  unprovoked  war  against  the  United  Statee 
the  security  of  their  prouertj?,  the  blessings  of  the  British  Consv' 
tution ;  and  should  they  be  incliued  to  settle  on  this  continpn  , 
lands  will,  at  the  con^'lnsion  of  the  war,  be  allotted  to  them  in  his 
/  Majesty's  colonies  in  ^imerica.    In  return  for  all  these  concessions 
,  on  the  part  of  C   -3at  Britain,  I  expect  that  the  directions  ot  their 
^,armed  vessels  v  ill  be  put  into  my  hands  (for  whidi  they  will  bep 
remunerated) — 'ho  'nstant  cessation  of  hostilities  against  the  Span- 
ish Govemmert,  and  the  restitution  of  any  undisposed  property  of 
that  nation. 

*'  Should  any  inhabitants  be  inclined  to  volunteer  their  services 

into  his  Majesty's  forces,  either  naval  or  military,  for  limited  ser- 

,  vice,  they  will  be  received;  and  if  any  British  subject,  being  at 

Barataria,  wishes  to  return  to  his  native  country,  he  will,  on  joining 

his  Majesty's  service,  receive  fVee  pardon." 

It  is  evident  that  Sir  W.  H.  Percy,  in  concf  rt  with 
Colonel  Nicholls,  did  not  choose  to  consider  "  the  inhab- 
itants of  Barataria"  in  any  other  light  than  belliger- 
ents against  Spain.  It  certainly  did  not  suit  his  purpose 
to  acknowledge  them  as  " pirates,  or  bandies." 

The  British  officers,  on  landing,  met  with  considerable 
hostility  from  those  whom  they  had  come  to  visit,  but 


r-.:' 


ial4. 

jsty's 
)ftest 
ipan- 
em  as 

• 

e  been 
taria,! 
and  in- 
and  in- 
utmost 
8  "whole 
peratlon 
;,  at  the 
eve  own 
remities. 
to  them, 
Bt  G/eat 
i  States, 
b  Consv' 
jOntinen  , 
m  in  his 
ncessions 
g  ot  their 
y  will  hep 
the  Span- 
operty  of 

services 

nited  ser- 

being  at 

an  joining 

f  rt  with 
le  inbaTj- 
belliger- 
purpose 

lideraHe 
^risit,  but 


1814.]        JOHN  LAFTTTE  ASD  BBITISH  EMISSAEIES. 


359 


Awii 


were  protected  by  John  Lafitte.  What  passed  between 
that  chief  of  outlaws  and  the  British  emissaries  is  thus 
related  by  Major  La  Carriere  Latour,  who  knew  Lafitte 
personally,  who  ser^'^ed  with  him  under  the  orders  of 
General  Jackson,  when  Lafitite's  proffered  assistance  was 
accepted,  and  who  may  have  heard  from  his  own  lips 
all  the  details  of  that  interesting  interview.  "When 
Mr.  Lafitte,"  says  Latour,  *'  had  perused  these  papers.  Cap- 
tain Lockyer  "enlarged  on  the  subject  of  them,  and  pro- 
posed to  him  to  enter  into  the  service  of  his  Biitannic 
Majesty  with  all  those  who  were  under  his  command,  or 
over  whom  he  had  sufficient  influence ;  and  likewise  to 
lay  at  the  disposal  of  the  officers  of  his  Britannic  Maj- 
esty the  armed  vessels  he  had  at  Bai'ataiia,  to  aid  in 
the  intended  ai.t<»''^^  of  the  fort  of  Mobile.  He  insisted 
much  on  the  great  advantages  that  would  thence  result 
to  hipiself  and  his  crews ;  offered  l  im  the  rank  of  Cap- 
tain in  the  British  service,  and  the  sum  of  thirty  thou- 
sand dollars,  payable  at  his  option,  in  Pensacola  or  Ne^^^ 
Orleans^  and  urged  him  not  to  let  slip  this  opportunity 
of  acquiring  fortune  and  consideration.  On  Mr.  La- 
fitte's  requiring  a  few  days  to  reflect  upon  these  offers, 
Captain  Lockyer  observed  to  him  that  no  reflection 
would  be  necessruy  respecting  proposals  that  obviously 
preluded  hesitation,  as  he  was  a  Frenchman,  and  of 
course  now  a  friend  to  Great  Britain,  proscribed  by  the 
American  Government,  exposed  to  infamy,  and  had  a 
brother,  at  that  very  time,  loaded  with  irons  in  the  jail 
of  New  Orleans.  He  added  that,  in  the  British  service, 
he  would  have  a  fair  prospect  of  promotion ;  that  having 
such  a  feoowledge  of  the  country,  his  services  would  be 
of  the  greatest  importance  in  carrying  on  the  operations 
which  the  British  Government  had  planned  against 
Lower  Louisiana ;  that,  as  soon  as  possession  was  ob- 
tained, the  army  would  penetrate  into  the  upper  coun- 


'■i'i 


't  !.'  ■  ;  v»  •  v^.-i  '    .■■1 .!   '  /*V  ■ 

*•'.  .'■•'.■■<'■■.•',•■■. '■"■  <:, 

•.   <-^;jV-,-  '..  :  ■-...■..■■■  ■■-'   ■ 

' ,,    .    '    >-»■    '■:■  .  .^-.t-V      <.'S 

.'  '  •';■'•       •'■' ; '^';b^' 
■  .  .     '.■.*,:'■  •\**:\Y^  . 

,     ■■     ■    •'■:•/.  •I.;'-'!.*.'  •:.   a 
'  ■      ■■,   ■   |.     .•■■.  tr,lr'h  " 

'.'.  •,     ■■('■ 


k^i 


M 


'ti:J   ,-1; 


I,--  'f  *»  ('■•-. 

f.:       »i       -  ,    ■   .    *♦■ 


ft-ii"-..'-  .•■■■•  ■•■■■••4'-'r  .  ■ ;     ■ 

,,..       ■*'  ■■.■■■,riiy    1       .J 

"  ■  ,-vvV';r", .        ■ 


|)k  ,■  ■•■■■v^^^:■ 
T^.:•'■"  7^':'i«;- •&  ■ 


360 


JOHN  LAFITTE  AND  BRITISH  EMIB8ABIE3.       [1814. 


try,  and  act  in  concert  witli  tbc  forces  in  Canada ;  that 
everything  was  already  prepared  for  carrying  on'the 
war  against  the  American  Government  in  that  quarter 
with  uuasual  vigor ;  that  they  were  nearly  sure  of  suc- 
cess, expecting  to  find  little  or  no  opposition  from  the 
JVench  and  Spanish  population  of  Louisiana,  whose  in- 
terests, manners  and  customs  were  more  congenial  with 
theirs  than  with  those  of  the  Americans ;  that,  :finally, 
the  insurrection  of  the  negroes,  to  whom  they  would 
offer  freedom,  was  one  of  the  chief  means  they  intended 
to  employ,  being  confident  of  its  success. 

"To  all  these  splendid  promises,  all  these  ensnaring 
insinuations,  Mr.  Lafitte  replied  that,  in  a  few  days,  he 
would  give  a  final  answer ;  his  object  in  this  procrasti- 
nation being  to  gain  time  to  inform  the  State  officers  of 
this  nefarious  project.  Having  occasion  to  go  to  some 
distance  for  a  short  time,  the  persons  who  had  proposed 
to  send  the  British  officers  prisoners  to  New  Orleans 
went  and  seized  them  in  his  absence,  and  confined  both 
them  and  the  crew  of  their  pinnace  in  a  secure  place, 
leaving  a  guard  at  the  door.  The  British  officers  sent 
for  Mr.  Lafitte ;  but  he,  fearing  an  insurrection  of  the 
crews  of  th^;  privateers,  thought  it  advisable  not  to  see 
them,  until  he  had  persuaded  their  captains  and  other 
officers  to  desist  from  the  measures  on  which  they  seemed 
bent.  With  this  view,  he  represented  to  the  latter  that, 
besides  the  infamy  that  would  attach  to  them,  if  they 
treated  as  pr'  oners  persons  who  had  come  with  a  flag 
of  truce,  they  would  lose  the  opportunity  of  discovering 
the  extent  of  the  projects  of  the  British  against  Louis- 
iana, and  learning  the  names  of  their  agents  in  the  coun- 
try. While  Mr.  Lafitte  was  thus  endeavoring  to  bring 
over  his  people  to  his  sentiments,  the  Bntish  remained 
prisoners  t'le  whole  night,  the  sloop-of-war  continuing 
at  anchor  before  the  Pass,  waiting  for  the  return  of  the 


1814.] 


JOHN  LAFITTJiJ  TO  BLANQUB. 


861 


officers.  Early  tbe  next  morning,  Mr.  Lafitte  caused 
them  to  be  released  from  their  confinement,  and  saw 
them  safe  aboard  their  pinnace,  apologizing  for  the  dis- 
agreeable treatment  they  had  received,  and  which  it  had 
not  been  in  his  power  to  prevent." 

Immediately  after  the  departure  of  the  British  officers, 
John  Lafitte  addressed,  on  the  4th  of  September,  to 
John  Blanque,  a  leading  member  of  the  Legislature,  a 
letter^  in  which  he  began  with  saying :  "  Though  pro- 
scribed by  ray  adopted  country,  I  will  never  let  slip  any 
occasion  of  serving  her,  or  of  proving  that  she  has  never 
ceased  to  be  dear  to  me.  Of  this  you  will  see  here  a 
convincing  proof."  He  then  related  to  Blanque  what 
had  happened,  and  for\^arded  to  him  the  papers  which 
had  been  left  in  his  hands  by  Captains  Lockyer  and 
Mc Williams.  "  You  will  see  from  their  contents,"  con- 
tinueji  Lafitte,  "  the  advantages  which  I  might  have  de- 
rived fi'om  that  kind  of  association."  Three  days  later, 
on  the  7th,  he  addressed  to  Blanque  this  second  letter : 
"  Sir,  you  will  always  find  me  eager  to  evince  my  de- 
votedness  to  the  good  of  the  country,  of  which  I  en- 
deavored to  give  some  pr(iof  in  my  letter  of  the  4th, 
which  I  make  no  doubt  you  received.  Amongst  other 
papers  that  have  fallen  into  my  hands,  I  send  you  a  scrap 
which  appears  to  me  of  sufficient  importance  to  merit 
your  attention.*  Since  the  departure  of  the  officer  who 
came  with  the  flag  of  truce,  his  ship,  with  two  other 
ships  of  war,  have^  remaLoed  on  the  coast  mthin  sight. 
Doubtless  this  point  is  considered  as  important.  We 
have  hithei'to  kept  on  a  respectable  defensive ;  if,  how- 
ever, the  British  attach  to  the  possession  of  this  place 
the  importance  they  give  us  room  to  sus^ct  they  do, 
they  may  employ  means  above  our  strength.    I  know 

*  It  was  an  anonymovis  communication  firom  Havana,  giving  information  of 
the  intended  operatiouo  of  tlie«nemy. 


,..X.i-V'y);..- 


■     .-■  •  >f-\l%'-t  ,  ;:•      '  1 


^r:  " 


I-  '.'''■\i   ■■'■  hf  »' 


;^-.,.;t:  ■^>^;^yx:,i 


.«y. 


i^i!*^ 


V.  ...' 


l!^ 


B 


362 


JOHN  LAFITTE  TO   CLAIBORNE. 


[1814. 


v'!^' 


not  whether,  in  that  case,  proposals  of  intelligence  with 
the  Government  would  be  out  of  season.  It  is  always 
from  my  high  opinion  of  your  enlightened  mind  that  I 
request  you  to  advise  me  in  this  affair.'^ 

Within  this  letter  was  inclosed  another,  which  was 
addressed,  and  to  be  delivered,  to  Claiborne.  "  In  the 
firm  persuasion,"  wrote  the  outlaw  to  the  Chief  Magis- 
trate of  the  State,  who  had  repeatedly  made  everj'  exer- 
tion to  have  him  captured  and  punished  as  a  bandit, 
"  that  the  choice  made  of  you  to  fill  the  office  of  First 
Magistrate  of  this  State  was  dictated  by  the  esteem  of 
your  fellow-citizens  and  was  conferred  on  merit,  I  con- 
fidently address  you  on  an  affair  on  which  may  depend 
the  safety  of  the  country. 

"  I  offer  to  you  to  restore  to  this  State  several  citizens, 
who,  perhaps  in  your  eyes,  have  lost  that  sacred  title. 
I  offer  you  them,  however,  such  as  you  would  wish  to 
find  them,  ready  to  exert  their  utmost  efforts  in  defence 
of  the  country.  This  point  of  Louisiana  which  I 
occupy  is  of  greac  importance  in  the  present  crisis.  I 
tender  my  services  to  defend  it ;  and  the  only  reward 
I  ask  is  that  a  stop  be  put  to  the  proscription  against 
me  and  my  adherents,  by  an  act  of  oblivion  for  all  that 
has  been  done  hitherto.  I  am  the  stray  sheep  wishing 
to  return  to  the  sheepfold.  If  you  were  thoroughly  ac- 
quainted with  the  nature  of  my  offences,  I  should  appear 
to  you  much  less  guilty,  and  still  worthy  to  discharge 
the  duties  of  a  good  citizen.  I  have  never  sailed  under 
any  flag  but  that  of  the  Republic  of  Carthagena,  and  my 
vessels  Kxe*  perfectly  regular  in  that  respect.  If  I  could 
have  brought  my  lawful  prizes  into  the  poi-ts  of  this 
State,  I  should  not  have  eraplojed  the  illicit  n^ans 
which  caused  me  to  be  proscribed.  I  decline  saying 
mort  on  the  subject  until  I  have  the  honor  of  your 
Excellency's  answer,  which   I  am  persuaded  can  be 


-''i.''*' 


meaBS 

saying 

of  your 

can  l)<i 


18U.] 


PP^BBS  LATITTE  TO  BLAIfQUE.         «. 


363 


dictated  only  by,  wisdom.  Should  your  answer  not  be 
favorable  to  my  ardent  desires,  I  declare  to  you  that  I 
wUl  instantly  leave  the  country,  to  avoid  the  imputation 
of  having  co-operated  toward  an  invasion  on  this  point, 
which  cannot  fail  to  take  place,  and  to  rest  secure  in  the 
acquittal  of  my  own  conscience." 

These  two  letters  of  John  Lafitte  the  younger  were 
forwarded  to  their  destination  by  Pierre  Lafitte,  the 
elder,  who  had  found  the  means  not  to  remain  long  in 
the  jail  where  he  was  incarcerated  in  New  Orleans,  and 
who  added  to  the  package  this  note  to  Blanque :  "  On 
my  arrival  here,  I  was  informed  of  all  the  occurrences 
that  have  taken  place.  I  think  I  may  justly  commend 
my  brother's  conduct  under  such  difficult  circumstances. 
I  am  persuaded  he  could  not  have  made  a  better  choice 
than  in  making  you  the  depositary  of  the  papers  that 
were  sent  to  us,*  and  which  may  be  of  great  importance 
to  the  State.  Being  fully  determined  to  follow  the  plan 
that  may  reconcile  us  with  the  Government,  I  herewith 
send  you  a  letter  directed  to  his  Excellency  the  Gov- 
ernor, which  I  submit  to  your  discretion  to  deliver,  or 
not,  as  you  may  think  proper.  I  have  not  yet  been 
honored  with  an  answer  from  you.  The  moments  are 
precious ;  pray,  send  me  an  answer  that  may  serve  to  di- 
rect my  measures  in  the  circumstances  in  which  I  find 
myself."  Z^  is  certainly  difficult  to  imagine,  in  presence 
of  the  noble  attitude  taken  by  these  two  men,  that, 
culpable  as  they  undoubtedly  were  in  many  respects, 
they  could  be  guilty  of  the  atrocious  crimes  attributed 
to  them,  and  deserved  the  appellation  of  "pirates." 

Claiborne,  to  whom  Blanque  delivered  the  letters  of 
the  Barataiian  chiefs,  with  the  papers  which  accompanied 
them,  submitted  the  whole  to  a  council  of  the  principal 
officers  of  the  army,  militia  and  navy,  which  he  had  con- 
vened to  deliberate  on  the  subject.    They  recommended 


'      '  •    ;'^'"-.'''>"'^"v'::.'';'iiiJ''' ' 


>  ",    .'  -■■  ■:■■■  T-  ,!■  $•  ».':<•&,.'    a 


-^Mi'u.: 


^■':km 


..-^t^i 


all :  ■  •'•  f/  -■«  " 


864 


EXPEDITION   AOAmST  THE   BABATAEIANS. 


[1814. 


that  there  be  no  intercourse  or  correspondence  whatever 
with  any  of  "  those  people."  ]^ti^or-General  Viller6  was 
the  only  one  who  expressed  a  different  opinion.  Gov- 
ernor Claiborne  agreed  with  him,  but  acquiesced  in  the 
decision  of  the  majority.* 

Whilst  the  two  outlawed  brothers  were  thus  generous- 
ly sacrificing  their  own  private  interest  and  the  most 
advantageous  offers,  to  the  desire  of  protecting  Louisiana 
against  invasion,  there  was  in  preparation  for  their  de- 
struction an  expedition  which  was  carried  through,  not- 
withstanding a  full  knowledge  of  the  patriotic  course 
they  were  pursuing.  That  expedition  had  been  got  up 
at  the  earnest  mstigation  of  Claiborne,  and  organized 
under  ther  command  of  Commodore  Patterson,  and  of 
Colonel  Ross  of  the  U.  S.  Army.  It  succeeded  in  com- 
pletelv  breaking  up  the  establishment  of  the  Baratarians, 
and  in  capturing  many  of  them.  Some  made  their 
escape,  and  among  them  the  two  Lafittes,  who  fled  to 
the  Gennan  Coast,  where  they  found  friendly  aid  and 
eiScient  shelter.  Commodore  Patterson  and  Colonel 
Ross  returned  to  New  Orljpans  with  the  vessels  of  the 
Baratarians  and  a  very  rich  booty,  which  they  claimed 
as  lawful  prize. 

On  the  19th  of  September,  Claiborne  wrote  to  Gen- 
eral Jack/^on,  informing  him  of  the  success  of  the  expe- 
dition, ftnd  of  the  seizure  of  the  "ill-begotten  treasures  of 
the  pirates,"  as  they  were  called.  He  farther  said :  "  The 
only  difficulty  I  have  hitherto  eicperienced  in  meeting 
the  requisition  has  been  in  the  city,  and  exclusively 
from  some  European  Frenchmen,  who,  after  giving  in 
their  adherence  to  Louis  XVUI.  have,  through  the 
French  Consul,  claimed  exemption  from  the  •  dr&ft  as 
French  subjects.  The  question  of  exemption,  however, 
is  now  under  discussion  before  a  special  court  of  inquiry, 

*  Martin's  Histoiy  of  JboaisianB,  p.  839,  vol.  3. 


'> 


t. 


1814.] 


OLAIBOBinS  OK  THE  OOLOBBD  MEN. 


865 


and  I  am  not  without  hopes  that  these  ungrateful  men 
may  yet  be  brought  to  a  discharge  of  their  duties.  The 
body  of  city  militia  begin  to  manifest  a  proper  feeling 
and  conduct,  and  perform  with  cheerfulness  patrol  duty. 

^'  I  have  taken  means  to  acquire  information  daily  from 
the  Pass  of  Chef  Mcntenr,  as  also  from  Hhe  various  Pascj<  r, 
in  the  vicinity  rre  aux  Boeufe.    But  I  am  vasth  tv; 

licitous  abou  Nss  of  Barataiia.    Excuse  me  for 

suggesting  th  acy  of  your  directing  immediate 

possession  to  )  ..it^i  of  Grande  Terre,  the  spot  from 
which  the  pirates  were  recently  ex|)elled,  and  of  occupy- 
ing the  place  called  the  ^  Temple.' " 

The  next  day,  he  resumed  the  pen,  to  infoim  General 
Jackson  that  Louisiana  had  much  to  apprehend  from 
domestic  insurrection,  and  that  he  had  every  reason  to 
believe  that  the  enemy  had  been  intriguing  with  the 
slaves.  "  In  my  letter  of  yesterday,"  he  said,  "  I  men- 
tioned that  many  of  the  fugitives  from  Bai'ataria  had 
reached  the  city.  Among  them  are  some  St.  Domingo 
negroes^  of  the  most  desperate  character,  and  no  worse 
than  most  of  their  white  associates."  He  added,. that  he 
had  called  the  attention  of  the  Mayor  and  City  Council 
to  these  facts ;  that  he  had  strongly  urged  the  necessity 
of  adopting  stringent  measures ;  and  that  the  city  au- 
thorities '*  seemed  fully  impressed  with  the  importance 
of  the  crisis.*' 

In  relation  to  the  address  of  General  Jac^ou  to  the 
free  p&ople  of  color,  dated  on  the  2lBt  of  September, 
which  I  have  recited  in  the  preceding  pages,  Governor 
Claiborne  sent  him.  the  following  observations,  on  the 
17th  of  October:  "The  publication  of  your  address  to 
thii  free  people  of  color  is  delayed  a  few  days.  An  un- 
fortunate misunderstanding  between  .the  officers  of  the 
battalion  of  color,  which  excites  much  interest,  is  the 


.1  «■' 


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•  .rri^' 


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^, 


^.. 


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>, 


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IMAGE  EVALUATION 
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al  WKT  MAM  tTMIT 

WIUTIII,N.Y.  I4SM 
(7U)t73-4509 


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MM 


866 


OLAEBOItNB  ON  THE  GOLOBED  MEK. 


[1814. 


siibjecfc  of  investigation  before  &  court  of  inquiry  now 
sitting.    The  difficulty  wtIIj  I  hope,  soon  be  arranged. 
In  the  mean  time,  I  have  deemed  it  best  to  postpone 
giving  pubKcity  to  your  address.    I  cannot  di^uise  from 
you  the  fact  that  many  excellent  citizens  will  disapprove 
the  policy  you  wish  to  observe  toward  the  free  people 
of  color.    The  btfttalion  already  organized,  limited  as  it 
is,  excites  much  distrust,  and  I  should  not  be  surprised 
i^  at  the  ensuing  Legislature,  an  attempt  should  be  made 
to  put  it  down.    I  must  confess  that,  for  myselt^  I  have 
no  cause  to  lament  the  confidence  which  ^^he  Local  Gov- 
ernment has  placed  in  these  meb.    Their  genial  deport- 
ment has  been  correct,  and  they  have  done  nothing  to 
create  in  my  mind  any  doubt  as  to  their  fidMity.    It 
does  appear  to  me  that,  at  the  present  crisis,  these  men 
ought  to  be  attended  to ;  that  it-is  not  probable  they  will 
remain  careless  and  disinterested  spectators  of  the  pres- 
ent contest,  and  more  particularly  if  the  war  should  be 
brought  into  the  bosom  of  Louisiatia ;  but,  on  the  con- 
trary, that  their  feelings  and  best  wishes  would  be  en- 
listed in  some  way,  and  that  if  we  distrusted  their  fidelity, 
the  enemy  might  the  more  acquire  their  confidence.    But 
this  mode  of  reasoning  makes  no  impression  upon  some 
respectable  citizens  h&te.    They  think  that,  in  putting 
arms  in  the  hand»  of  men  of  color,  we  only  add  to  the 
force  of  the  enemy,  and  that  nothing  short  of  placing 
them  in  every  respect  upon  a  footing  of  eqnaility  with 
wliite  citizens  (which  our  Constitution  forbids)  could 
condliate  their  affections.  To  two  gentlemen  of  infiuence, 
members  of  the  Committee  of  Defence,  with  whom  I  con- 
versed on  last  evening,  your  policy  of  raising  a  regiment 
of  free  men  of  color  was  suggested^  with  the  observation 
that,  by  removing  it  from  the  State,  the  Jealousy  and 
distrust  of  thd  citizens  wotild  surely  cease.    They,  hoyi^ 
ever,  seemed  to  think  that  the  measure  was  advisable, 


•>i': 


:f-'JI 


l'^':- 


1614.] 


ClfAJBOVSE  ON  THE  0OLOP.IED  MEN. 


mt 


r> 


provided  there  would  be  a  goarantee  against  the  rotors 
of  the  regiment ;  bat  that  if,  at  the  close  of  the  war,  the 
individuals  were  to  settle  in  Louisiana  with  ihe  knowl-  > 
edge  of  the  use  of  arms,  and  that  pride  of  destinatioii  c 
which  a  soldier's  pursuits  so  naturally  inspire,  they  would 
prove  dangerous.    Such  are  the  sentiments  of  men  well 
informed  and  well  disposed,  and  I  transmit  them  for 
your  perusaL    My  impression  is,  that  several  companieei' 
composed  of  men  of  color  nmy  be  raised  upon  the  plan 
you  suggest ;  but  I  cannot  say  to  what  number.     Such 
as  are  natives  of  Louisiana  are  much  attached  to  thei^r 
families  and  homes,  and  I  am  inclined  to  think  would 
not  enlist  during  the  war  •  but  such  as  have  emigrated 
from  St.  Domingo  and  Cuba  may  probably  be  desirous 
to  j<Mn  the  army." 

B«ferring  to  the  general  condition  of  the  public  mind, 
he  added:  ^  A  patriotic  spirit  pervades  this  State,  and  i  ^ 
observe  with  sincere  pleasure  that  you  possess  the  entire 
oonMenoe  of  the  people.'*  As  to  Lafitte  and  his  com«t!^ 
panions,  the  attitude  c^  hostility  which  they  had  taken 
toward  theBril^ah,  the  valuable  information  which  they 
had  imparted  to  Claiborne,  and  the  offer  of  their  servio^ 
do  not  seem  to  have  softened  hi»  disposition  toward  themf' 
and  changed  his  views  of  their  den^erits ;  for  he  thus  ea^ 
pressed  himself  when  mentioning  th^n  to  Genera!  Jack- 
son!-* Since  the  pirates  of  Barataria  have  been  ^lodged 
from  Gmodei  i'erre,  they  have  taken  post  at  Last  Island, 
near  the  month  of  the  Lafourche.'" 

On  the  24fth  <tf  Oetober,  (Ubome  wrote  to  Fromentii^ 
one  of  the  Senat(»s  for  Loumana  in  CcmgrfiM :  '*  I  have 
made  and  am  «t^  makk|;  every  possible  exertion  to  de^ 
fend  Louiuaiia  n^nst  i^  attaeke  from  within  mA  y^h^ 
out  >  I  am  iei^ioaBl^  eup^ported  by  MijoriGenerals  V91ef6 
and  ^omal^'aiid  hat»  vea^oii  4io  be^^eofitent  with  th6 
patrioHeH^ifiC 'i^hioh  pervades' the  Btiite.    There  are, 


if 


'm 


■km 


^l...f^ 


IS 

!■>'■■»'. 

ill 

4 


i'ii 


■"■^i^ 
[;.*.:  sT^ 


?!; 


;?:;'^i?.. 


<•}•••.<" 


f'J-..>><:;,. 


l^'f 


.1 .  .1  •  •• 


868 


OLAXBOBNS  TBV8TS  THS  LOUI^IAinANS. 


[1814. 


indeed,  individuals  on  whose  fiiendly  disposition  toward 
the  American  Government  I  cannot  depend,  but  I  calcu- 
late with  certainty  on  the  fidelity  of  the  great  mass  of 
the  population.  There  has  unquestionably  been  of  late 
a  change  in  the  public  opinion,  <ind.I  see  wjth  pleasure 
that  the  best  informed  citizens  are  peifsctly  convinced 
that  the  safety  and  welfare  of  Louif^iana  can  alone  be 
secured  by  an  indissoluble  union  with  the  American 
States."  He  addressed  the  Secretary  of  State,  Mi. 
Monroe,  in  the  same  spiiit  and  gave  lum  the  same  en- 
couraging information,  but  added  :^'  I  must  not,  however, 
disguise  from  you  the  ^^  that  Louisiana  must  lool^^for 
permanent  safety  to  the  support  of  our  gallant  Western 
States." 

It  is  gratifying  to  see  that,  as  time  progressed,  Clai- 
borne's confidence  in  the  people  of  Xiouisiaiia  became 
better  rooted  in  his  mind,  for,.in  %  comnuinicfttion  by 
him  to  General  Jaclcsou,  dated  Oclober  24,  the  following 
passage  is  to  be  found :  '^  Your  ad4BMs  to  the  louisian- 
ians  is  well  received,  e^d  will  make,  a  favorable  impress 
sion.  A  feeble  attempt  has  been  made, in  a  paper  called 
i\iQ  LomsUma  ^asfettetq  take  ^ception  to  its  style  and 
manner,  ;]|ut  I  do  not  learn  that  i^singkwortby  citisen 
unites  in  opinion  wit)^  this  newspaper  p^^'bl»lie>  ,  Hkd 
natives  of  liouisiana  are  for  t^  niost  pu  jfitant  and 
virtuous  people,  and  {  am  p^u^  M  i^e  oelieC  iiuit,  in 
any  event,  they  will  prpTe  £(iitJi|iil  to  the  United  States." 

As  to  the  address  of  t|ie  G^f^i  to  the  free  peofde^  of 
color,  X  have  aim^y  said  that  Qm3imo»  had  been  Sfswne- 
what  startled  by,  its  toip ;  thi^t  l|e  h|M|  mSdly  iinin^ted 
to  its  aathor  tl^at  it  would  be  pipalatilile  tOvthe  wlute 
popiila^on,  and  that  t||0  piyif%»tion  of  it  ^  had  ripen 
suspended  for  the  preientf  IIms  well<l(iM^m»  imapv^ 
General  JacksoQ  must,  howev#%  h#ve  pifoMid  Ihalippe 
that  he  would  change  or  modil^  his  oonne  on  ihe^mMaot.  • 


■'pv-,vi.-.', 


[1814. 


1814.] 


CLAIBOBNE   ON   SMUGGLINO. 


369 


iward 

calcu- 

issof 

f  lat« 

bftsure 

irinced 

ma  b& 

lerloaa 

e,  Mr. 

me  en^ 

»w«yer, 

ook.,for 

(^estera 

>d,C51ai. 

bee^me 

itionby 

•Uowiog 

louisiiiii- 

impres- 

{Ti^ed 

yle  and 

The 
it  and 
tiiat^in 

Btatei." 
id  of 


{bffa 

of 

libaliope 

iblo0t 


It  does  not  seem  that  he  proved  more  pliant  on  this 
occasion  than  on  any  other,  ibr,  on  the  24th  of  October, 
Claiborne  wrote  to  him;  "Your  address  to  the  chosen 
men  of  coAot  will  be  printed  on  this  day.  I  will  use  my 
best  efforts  to  promote  your  wishes,  but  I  do  not  know 
with  what  success.  I  have  already  apprised  you  of  the 
distrust  which  exists  here  against  this  class  of  people.  I 
believe  it  to  be  ill-founded ;  but  its  existence  may,  and 
I  fear  has,  in  some  degree,  indisposed  them  toward  us. 
The  diffipulty  among  the  officers  of  the  battalion  of  color 
of  which  I  informed  you  is  nearly  arranged,  and  I  con- 
tinue to  think  that,  in  the  hour  of  trial,  they  will  prove 
a  meritorious  oorpa  FortBt.  Philip,  at  Plaquemine,  is 
in  need,  I  learn,  of  a  reinfortement.  If  it  meets  youi* 
approbation,  I  will  detach  to  that  post  a  lieutenant  and 
forty  men  of  color."  Certainly  nothing  could  better 
prove  than  l^is  proposition  the  real  confidence  which 
Claiborne  professed  to  repose  in  the  men  of  color. 

The  best  way  to  narrate  events  &ithfully,  and  to  con- 
vey impressively  a  correct  Idea  of  the  moral  tone  and  of 
the  manners  cf  society  at  any  particular  epoch,  is,  in  my 
opinion,  to  borrow  the  very  language  of  those  who  have 
described  them  as  witnesses,  and  frequently  as  participa- 
tors in  what  they  recorded.  Under  this  impression,  I 
give  in  fiill  the  following  letter  addressed  by  Claiborne, 
on  ike  80th  ai  October,  to  Mn  Rush,  the  Attorney-Gen- 
eral of  the  United  States  at  Washington : 

MYoxt  no  doubt  have  heard  that  the  late  expedition  to 
Baratsria  had  eventuated  in  the  entire  diipendon  of  the 
pirates  and  smuggle  a^  ei^ture  bf  ndtirly  all  their 
cinisersw  It  is  greatly  to  l»e  regretted  thttt  nei^dier  the 
General  nor  State  €k>v«mmeiit  had  n^nt  soon^  Tieea  ena- 
bled 4o^  down  these  banditti  The  length  of  time 
they  wei«  pwmitted  to  continue  their  evil  ptaetices 
added  much  to  ^«ir  strength,  and  led  the  people  here 

24 


Amp 


* 


370 


8MUOOUNO   IfO  OBIHE. 


[1814. 


M 


'143 


;>'^. 


i.-'^:*^.-- 


P 


.    ■.'    *     - 


.!> 


■^■^ 


to  view  their  course  as  less  vicious.  Measures  tending  to 
the  prevention  of  crimes  can  alone  relieve  us  from  the 
distress  of  punishing  them.  Had  such  measures  in  rela- 
tion to  the  offenders  in  question  been  earlier  taken,  we 
should  not  have  to  lament  the  frequency  of  their  com- 
mission. I  have  been  at  great  pains  to  convince  the 
people  of  this  State  that  smuggling  was  a  moral  offence. 
But  in  this  I  have  only  partially  succeeded.  There  are 
individuals  here  who,  in  every  other  respect,  fulfill  with 
exemplary  integrity  all  the  duties  devolving  upon  them 
as  fathers  of  families  and  as  citiasens ;  but  as  regards 
smuggling,  although  they  may  not  be  personally  con- 
cerned, they  attach  no  censure  to  those  who  ara  It  is 
the  influence  of  education,  of  habit,  of  bad  example. 
Formerly,  under  the  Government  of  Spain,  smugv^ling  in 
Louisiana  was  universally  practiced  from  tho  highest  to 
the  lowest  member  of  society.  To  show  you  the  light 
in  which  it  was  then  viewed,  I  will  only  observe  that, 
occasionally  in  conversation  with  ladies,  I  have  de- 
nounced smuggling  as  dishonest,  and  very  geaerally  a 
reply,  in  substance  as  follows,  would  be  returned :  That  is 
im^yssihley  for  my  g^'andfather^  or  my  father^  or  myhm- 
hand  waSj  vmder  the  Spanish  Government^  a  great  miug- 
ghr^  amd  he  was  of/ways  esteemed  an  honest  mmi.  It 
takes  time  to  remove  the  influence  of  prejudice,  of  exam- 
ple, of  former  habits.  Much  has  already  been  done  to 
reconcile  the  Louisianians  to  the  Government,  laws  and 
usages  of  the  United  States,  and  more  must  yet  be  done 
to  do  away  all  traces  of  thoie  improper  feelings  and  sen- 
timents whi4^  originated  with,  and  wen  fostered  under, 
the  corrupt  Government  of  Spain.  Proseeu^ona  toe  now 
pending  in  the  District  Court  against  several  of  the  Bar- 
ataria  offenders,  aftd,  in  the  course  of  ihe  invegtigation,  it 
is  probable  that  the  number  implicated  wUl  be  very  con- 
siderable.   Justice  demands  that  the  most  culpable  be 


.'  'Ei,'  ^-^  ■■ 


* 


[1814. 

ling  to 
xa  the 
in  rela- 
Len,we 
r  corn- 
ice tbe 
offence, 
lere  are 
BUvfitli 
m  them 

regards 
ftlly  con- 
re.'  It  18 
example, 
ggllng  in 
li^uest  to 

the  light 
jrve  that, 

have  de- 

emeraUy  a 
\:  l%atis 

e,  of  exam- 
en  done  to 
1,  laws  and 
et  be  done 
gndsen- 
under, 
jntaionow 
of  the  Bar 
tion,it 

very  ooi^* 
"'   he 


1814.] 


BTMPATBT  FOR  SlfUOOLEBS. 


871 


punished  with  severity.    But  I  see  no  good  end  to  be 
attained  by  making  the  penalties  of  the  law  to  fh)l  ex- 
tensively and  heavily.    The  example  is  not  the  less  im- 
posing, by  circumscribing  the  number  of  its  victims ;  and 
the  mercy  which  should  dictate  it  seldom  fails  to  make 
a  salutary  and  lasting  impression.    Should  the  President 
think  proper  to  instruct  the  Attorney  for  the  District  of 
Louisiana  to  select  a  fbw  of  the  most  hardened  offenders 
of  Barataria  for  trial,  and  to  forbear  to  prosecute  all 
others  concerned,  I  think  such  an  act  of  clemency  would 
be  well  received,  and  be  attended,  at  the  present  moment, 
with  the  best  eiltects.    A  sympathy  for  these  offenders  is 
certainly  more  or  less  felt  hy  mam/y  of  the  IxnUskmians. 
With  some  it  arises  from  national  attachment,  but  with 
most  from  their  late  trade  and  intercourse  with  them. 
Should  the  Attorney  for  the  District  be  instructed  not 
to  prosecute  the  case  of  minor  offenders,  it  is  desirable 
that  such  instructions  be  accomjMinied  with  the  opinion 
of  the  Executive  as  to  the  offence  of  smuggling,  and  that 
publicity  be  given  to  the  same.    Such  a  do<^ument  would, 
I  am  persuaded,  be  productive  of  gpert  good.    It  may 
be  I  am  in  enter.    Some  of  my  cour.crymen  of  talents 
and  virtue  think  differently.    But,  for  myself,  I  have 
always  thought  that  ad  much  ttiay  be  done  with  the 
Louisianiand  by  a  mild  policv  as  With  toy  people  I  ever 
knew.    Such  impression  has  always  Influended  my  pub- 
lic conduct.    It  IS  true  I  have  often  firiled  in  my  objects, 
but  a  dilef  Magistrt^e,  vdth  moiie  taleuls  and  discretion 
than  1  posses,  who  e&ouM  i(tirsue  sttch  a  course  of  poli- 
cy, cotild  not  fllil  to  Succeed.*'    TheBiB  iif§'  Hobte  wsttti- 
ment8,'and  th^^  are  e2t|>r^ssed  Wll^  a  i^|>Hdtf  of  man- 
ner atiid  a  modestjf  (libeling  Whl^  ^^otn  mtteh  honor 
on  the  meinoi^  of  Claiborne,  whdl*b  bent^fence  «nd 
kindnes^of heart  haVe  already  bee^ f^Hy^ €iirfiaAi!ished in 
the  pages  of  this  History. 


;♦■■•.' 


V 


'■'  -  *i^ii  M 


Aim 


it 

"  -    .•j;ir'«\J'>"i 


.,<:. 


t *    ,     ►'J.  .   1  r 

.       .     .  M         ■ 


If '"fiSi    • 


Mm:. 


■-.:.». 


•■^> 


372 


JACKSON   AIID  THE   8PAKIABDB. 


[1814. 


A  treaty  of  peace  had  been  signed  between  the  Creek 
Nation  and  the  United  States  in  the  month  of  August, 
as  previously  recorded  in  this  narrative,  but  some  of  the 
tribes  constituting  that  nittion  had  reused  their  assent 
to  the  treaty,  and  continued  their  hostilities.  They  used 
to  procure  clothing,  ammunition  and  arms  fi*om  the  Span- 
iards, and  sell  in  Pensacola  the  fruits  of  their  depreda- 
tions on  American  property.  Generel  Jackson  had  de- 
manded satisfaction  from  the  Governor  of  Pensacola,  but 
it  had  been  refused.  To  make  matters  worse,  the  Brit- 
ish force  which,  allied  with  six  hundred  Creek  waniors, 
had  lately  attacked  Fort  Bowyer  on  Mobile  Point,  had 
departed  fr^m  Pensacola,  and,  afber  being  defeated,  had 
returned  to  that  town,  whose  forts  were  suffered  to  bo 
ganisoned  by  the  British.  Moreover,  the  Spanish  au- 
thorities had  even  arrested  and  imprisoned  some  Ameri- 
can citizens  who  were  suspected  of  being  unfriendly  to 
the  British  Government.  » 

Jackson,  thinking  that  these  fitcts  constituted  a  breach 
of  neutrality  and  a  violation  of  the  laws  of  nations,  con- 
cluded that  he  was  authorized  to  dispossess  the  British 
and  their  Indian  allies  of  the  shelter  which  they  had 
found  in  Pensacola,  and  which  they  used  as  a  base  of 
operations.  He,  therefore,  assembled  near  Fort  Mont- 
gomery, on  the  Biver  Alabama,  an  army  of  about  four 
thousand  men,  composed  of  a  detadiment  of  r^ulars,  of 
militia  of  Tennessee,  and  of  a  battali(«  of  volunteer 
dragoons  of  Mississippi.  On  the  6th  of  November, 
this  army  encamped  within  three  miles  of  Pensacola. 
General  Jackson  seiit  Major  Peire*  to  demand  that  an 
American  garrison  be  received  in  the  fort  Sk;.  Mchael 
and  Barrancas,  until  i&e  Spanish  Government  could  pro- 
cure a  sufficient  force  to  enable  it  to  maintain  its  neu- 
trality against  the  British,  who  hod  possessed  them- 

*  Lacarriere  Latonr's  IliBtoxical  Hmiioir,  p.  4A. 


[1814. 

3reek 

IgUfit, 

of  the 
Etssent 
loused 
Span- 
spreda- 
ad  de- 
►la,  but 
e  Brit- 
amors, 
nt,  had 
ed,  had 
i  to  bo 
lish  an- 
I  Ameri- 
Bndly  to 

breach 
ons,  con- 
British 
hey  had 
)aee  of 
Mont- 
)out  four 
ulars,  of 
ol«nteer 
ovember, 
^isa^la. 
that  an 
]^ehael 
ould  pro- 
D  itg  neu- 
ed  thetn- 


1814.] 


PENSACOLA  TAKEN. 


373 


selves  of  these  fortresses,  notwithstanding  the  remon- 
strances and  protest  of  the  Spanish  Governor,  with  the 
assurance  on  the  part  of  the  American  General  that  his 
forces  should  be  withdrawn  as  soon  as  a  Spanish  force 
sufficiently  numerous  to  make  itself  respected  should 
an'ive.  On  these  propositions  having  been  refused, 
Major  Peire  declared  that  recourse  would  be  had  to 
arms. 

On  the  next  day,  the  7th  of  November,  the  attack 
was  made.  The  Spaniards  were  too  feeble  in  numbers 
to  make  any  effective  resistance  to  the  four  thousand 
men  who  were  iinder  the  control  of  General  Jackson, 
and  the  small  town  of  Pensaoola  was  taken  without 
much  difficulty.  It  had  no  fortified  walls,  and  the  Amer* 
lean  column  eas^y  penetrated  without  any  opposition 
into  the  principal  street,  where  it  met  a  Spanish  battery  of 
two  pieces, which,  having  fired  once,  was  carried  at  the  point 
of  the  bayonet.  Then  all  further  resistance  ceased.  The 
loss  of  the  Americans  was  eleven  killed  and  wounded; 
that  of  the  Spaniards  still  less.  Shortly  after,  Fort  Mi- 
chael surrendered,  and  Fort  Barrancas  was  evacuated^  after 
having  been  partially  blown  up  by  the  Spanish  com- 
mandant, who,  with  his  men,  took  refuge  on.  board  ( 
the  British  slups  in  the  Bay,  which  departed  unmolested. 
The  object  of  the  expedition  having  been  obtained,  Jack- 
son hastened  to  return  to  Mobile. 

Bonaparte,  whose  fall  from  ihe  imperial  throne  I  have 
already  mentioned,  had  many  enthusiastic  admirers  in  Lou- 
isiana^ pactlcnlarly  am(«g  the  French  population,  by  whom 
the  Bourbons  were  proportionately  hated*  When  the 
French  Consul,  the  Chevalier  deTousard,  who  had  been  ap- 
pointed to  that  office  in  New  Orleans  by  the  recently  es- 
tablished .Gavemment  of  Ix>uis  XVin.»  arrived  at  his 
post,  he  found  that  hfi  had  to  overcome  strong  pr^udices, 
and  even  decided  hostility.    His  person  was  insulted,  and 


'■■H^^ 


i*l 


^ 


:■,•       ■:■■■  *■   .j,  ir  »>(.  *'t  m''^  f 

•    ,■-.   -     ..-i;i?4'"V.u':' 


■>^i^:: 


.) ' 


I'vr-,,;-. 


f^v; 


•1;V'     ..  .' 


;Wi.., 


^V^M'l 


.-.-■■■v. 


1^    .'ni  -4.>'„ 


874 


THE   FBENGU   CONSUL  INSULTED. 


[1814. 


violence  was  offered  to  his  house,  from  which  the  arms 
of  the  King  of  France,  appended  to  its  front,  were  taken 
down  and  carried  away.  Some  of  the  rioters  were  ap- 
prehended, and  bound  to  good  behavior ;  but  the  out- 
rage having  been  renewed,  Claiborne,  on  the  2d  of  No- 
vember, issued  a  proclamation,  in  which  ho  announced 
that,  whereas  it  was  essential  to  the  preservation  of 
order,  and  especially  due  to  the  good  understanding 
which  happily  existed  between  the  government  of  the 
United  States  and  that  of  France,  that  such  indecorous 
and  unprovoked  attacks  and  indignities  should  not  be 
continued,  or  remain  unpunished,  he  thought  it  his 
duty  to  notify  the  good  citizens  and  the  inhabitants  of 
the  State,  that  the  Chevalier  de  Tousard  was  to  be  re- 
spected as  the  accredited  Consul  of  th^^King  of  France 
in  Louisiana,  and  to  recommend  to  the  civil  officers  of 
the  State  to  be  active  and  vigilant  in  suppressing  any 
attempt  that  might  be  made  to  ilLtreat  or  to  insult  the 
said  Consul,  or  to  offer  any  violence  or  indignity  to  his 
dwelling.  He  furthermore  offered  a  reward  of  two  hun- 
dred dollars  for  the  discovery  and  apprehension  of  the 
person  or  persons  who  had  forcibly  taken  and  carried 
away  the  arms  of  the  sovereign  of  France,  which  the 
Consul,  accordihg  to  custom,  had  placed  on  the  door  of 
his  dwelling. 

On  the  5th,  Claiborne  thus  wrote  to  General  Jackson : 
^'In  this  city  there  are  several  uniform  militia  corps 
of  much  promise,  and  my  impression  is,  that  on  these, 
with  other  companies  of  the  nulitia,  much  confidence 
may  be  reposed  in  the  moment  of  trifd.  There  arc  indi- 
viduals who  believe  otherwise;  it  may  be  I  am  in  error, 
but  there  certainly  has  been  a  sensible  change  in  the 
public  mind^  There  is  not  displayed  by.  the  people  at 
large  that  enthusiastic  ardor  which  is  to  be  found  in  the 
Western  States,  but  there  is  no  symptom  of  opposition  to 


''■VI 


1814.] 


EXTBA   SESSION   OF  THE   LEOISLATUBE. 


375 


the  Government  and  lawR.  A  strong  hatred  is  manifested 
toward  the  enemy,  and  a  determination  ezjuressed  to 
unite  in  the  defence  of  the  State.  You  will  observe,  Sir, 
that  I  speak  of  the  people  at  large.  I  know  there  are 
some  disaffected  characters,  and  in  this  city  there  are 
many  vagabonds,  who,  if  the  occasion  served,  would  be 
disposed  for  mischief.  The  Legislature  of  the  State  will 
be  in  session  on  the  10th  instant,  and  their  zealous  sup- 
port, at  this  moment  of  danger,  will  confirm  the  Louisi- 
anians  in  their  present  good  disposition.  But  if,  unfor- 
tunately, a  spirit  anything  like  that  which  led  the 
Legislature,  the  last  winter,  to  oppose  a  militia  requisi- 
tion, should  again  prevail,  I  shall  encounter  great  em- 
barrassment. But,  as  I  have  already  observed,  a  great 
change  in  the  public  mind  has  apparently  taken  place; 
many  members  of  the  Legislature  have  always  had 
American  feelings  and  sentiments;  others,  whom  I  have 
lately  seen,  profess  the  most  patriotic  intentions,  and  all 
wUl,  I  hope,  act  a  part  which  the  crisis  advises,  and  the 
surety  of  the  country  demands.^' 

On  the  10th,  as  Claiborne  had  informed  General  Jack- 
son, the  Legislature  met  in  extra  session  at  the  request 
of  the  Governor,  who,  the  next  day,  sent  them  a  mes- 
sage, in  which  he  said :  ''  An  English  commander  has 
dared  to  make  his  first  call  on  the  LomsiUiniam^  and 
to  invite  them  to  outrage  the  very  ashes  of  their  fathers, 
and  welcome  an  English  army  on  their  paternal  mil  I 
He  has  added  insult  to  injury,  by  first  inviting  us  to  the 
desertion  of  our  country,  and  then  by  supposing  us  capa- 
ble of  cowardly  displaying  at  our  dweUings  a  foreign 
flag  as  a  passport  to  his  protection.  I  am,  how- 
ever, ftiMy  apprised'  of  the  profound  contempt  with 
which  this  base  address  has  everywhere  been  received ; 
and  in  the  patriotic  ardor  which  p«*vades  the  State,  I 
behold  a  pledge  of  its  fidelity  and  devotion  to  the  Amer- 


t ' 


V. 


."•■; 


!  V.'.  •^ 


■;'*5 


?*•• 


SJiSP 


3*J  : 


876 


CLAIBORNE  TO  TIIE   LBOI8LATLBE. 


[1814. 


ican  Union.  This  ardor,  this  American  spirit,  has  been 
tented  by  the  facility  with  which  the  late  requisition  for 
an  auxiliar}'  force  of  militia  infantry  has  been  carried 
into  effect." 

He  added :  "  In  addition  to  the  fbrces  now  in  the  field, 
and  those  expected  fh>m  Tennessee  and  Kentucky,  I  shall, 
if  the  danger  of  invasion  increases,  order  out  the  whole, 
or  such  part  of  the  militia  as  may  be  deemed  expedient ; 
but,  to  do  so  with  effect,  the  Executive  arm  must  be 
strengthened,  and  snoh  funds  provided  as  may  be  re- 
quisite to  procure  all  necessary  supplies.  In  times  of 
public- danger  no  able-bodied  citisen,  when  ordered  into 
the  field,  should  be  excused  from  serving,  either  in  pei-^ 
son,  or  by  substitute.  When  our  homes  and  families 
are  menaced,  we  should  not  commute  the  personal  ser- 
vices of  a  citizen  for  a  sum  in  money.  The  expenses 
incident  to  all  movements  of  militia  under  the  imme- 
diate authority  of  the  State  mus^  be  defrayed  by  the 
State.  As  these  movements,  on  the  present  oooamn^  will 
have  for  object  the  common  defence,  the  expenses  will 
probably  hereafter  be  reimbursed  by  the  General  Gov- 
ernment, but  the  State  must  make  the  advance." 

The  object  of  Claiborne  in  convening  the  Legislature 
was  '^  to  strengthen  the  arm  of  the  Executive,  and  pro- 
vide such  funds  as  might  be  requisite  to  procure  all 
necessary  supplies."  Beyond  that^  their  services  were 
not  needed,  in  his  opinion.  Olsibome,  whose  views  had 
frequently  been  thwarted  by  both  Chambers)  and  who 
was  not  on  the  best  of  terms  with  either,  particularly 
with  the  Senate,  felt  a  nervous  anxiety  to  get  rid  of  them 
as  soon  as  possible.  He  therefore,  in  his  Message,  gave 
them  the  following  hints :  ^To  all  the  subjects  which 
may  come  Under  your  deliberation  I  reeomm^id  the 
most  unwearied  attention.  The  Treasury  is  illy  calcula- 
ted to  meet  the  expenditures  incident  to  a  protracted  ses- 


If.'  '-i-  ■••.■ui"*^ '*■     ■    ■■• 


<>\v  . 


M  y- 


1814.] 


CALL  FOB  THE  WHOLE  MILITIA. 


r.n 


Hion,  and  I  Hincerely  hope  you  may  be  enabled  Hpcedily 
to  dispatch  all  necessary  business.  The  tiini:;^  are  event- 
ful, and  your  early  return  to  your  respective  parishcH 
may  become  desirable.  We  are  expose'^  to  many  perils. 
The  enemy  is  disposed  to  do  us  every  ill,  and  will  use 
all  his  means.  We  know  not  how  soon  we  may  be  called 
upon  to  defend  everything  dear  to  us  as  citizens  and 
fathers  of  families.  I  have  exacted  from  the  military 
officers  throughout  the  8tatc  a  faithful  discharge  of  duty, 
and  endeavored  to  awaken  all  the  vigilance  which  the 
crisis  demands.  Your  counsel  and  example  in  your  re- 
spective parishes  will  tend  greatly  to  the  support  of 
measures  for  the  public  good.  "They  wDl  particularly 
invite  to  that  harmony,  mutual  confidence  and  mutual 
exertion,  so  promotive  of  tranquillity  within,  and  so  es- 
sential to  our  security  from  without.*' 

Five  days  later,  lie  laid  before  the  General  Assembly 
an  eictract  of  a  letter  from  Jackson,  which  gave  positive 
assurance  of  the  danger  with  which  Louisiana  was 
threatened.  "  Recent  information  from  the  most  correct 
sources,"  said  the  General  to  Claiborne,  "  has  been  re- 
ceived of  an  expedition  of  twelve  or  fifteen  thousand 
men,  sailing  from  Ireland  early  in  September  last,  intend- 
ed to  attempt  the  conquest  of  Louisiana.  You  will 
therefore  see  the  necessity  of  preparing  for  service,  at  an 
hour's  notice,  the  whole  body  of  the  Louisiana  militia. 
I  rely  on  your  patriotism  and  activity,  and  hope  not  to 
be  disappointed." 

On  the  lYth  of  November,  Claiborne  wrote  to  General 
Jackson:  **It  is  certainly  true  that  the  Louisianians 
have  of  late  manifested  the  most  patriotic  disposition, 
and  that,  if  the  spirit  which  exists  be  cherished  and  en- 
couraged, we  have  everything  to  hope  from  the  majority 
of  this  population.  The  Legislature  have  not  as  yet 
done  anything  to  diamp  the  public  ardor.    But  I  hope 


'    •"•    it: 

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373 


CLAIBOBNE   ON  THE  LEOI8LATUBE. 


[1814. 


II 


m 


this  body  will  be  justly  impressed  with  the  dangers  to 
which  we  are  exposed,  and  will  warmly  second  all  my 
efforts.  But  I  tear,  I  much  fear,  they  will  not  act  with 
the  promptitude  and  the  energy  which  the  crisis  demands." 
Such  language  from  a  man  who  had  been,  without  any 
interruption,  the  Executive  of  Louisiana  since  1803,  and 
who  was  supposed  to  be  thoroughly  acquainted  with  its 
population,  could  not  but  produce  a  deep  impression, 
and  will  explain  subsequent  events. 

About  this  same  time,  he  e3q>ressed  the  same  appre- 
hensions to  Governor  Blount  of  Tennessee :  "  But,"  said 
he,  "  we  shall,  in  any  event,  be  made  secure  by  those 
brave  and  determined  men  who  are  hastening  from  Ten- 
nessee and  Kentucky.  I  await  their  arrival  with  much 
anxiety." 

Such  was  the  condition  of  Louisiana  as  desmbed  in 
the  preceding  pages,  when  Jackson  departed  by  land 
from  Mobile  for  New  Orleans,  on  the'2lBt  of  November. 


Mt 


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4%i 


OHAPTEB  IX. 

GOVEBNOB  CLAIBOBl^'S  ADHINISTBATION  —  NAVAL  ^OTGAGEMENT  ON 
LAKE  BORGNB  —  BEFUSAL  OF  TE^  LEOISLATUBE  TO  SUSPEND  THE 
WBIT  OP  HAfitEAS  C0BPU8  AND  TO  ADJOXJtor  — 'ABBIVAL  OP  GENEBAL 
JACKSON  —  BATTLE  OP  THE  28D  OP  DECEMBER. 

iai4. 

Genebal  Jaokson  arrived  in  New  Orleans  on  the  1st 
of  December.*    He  was  emphatically  the  man  for  the 
occasion ;  for  not  only  did  he  possess  military  talents  of  ^ 
the  highest  order,  but  his  love  of  country  was  intense, 
his  energy  of  character   unsurpassed,  his  decision  as 
prompt  as  his  con^prehension  of  exigencies  was  clear  and 
rapid.    He  was,  above  all,  pre-eminently  gifted  with, 
that  precious  faculty  which  Nature  imparts  to  some  of  i 
her  favorites  among  the  predestinated  rulers  of  men — ^the, 
faculty  of  subjecting  the  minds  of  others  to  his  own  by;^ 
that  kind  of  magnetism  which  seems  to  en^anate  from  an 
iron  will.    Where  that  man  was  as  a  chie^  there  could 
be,  within  the  legitimate  sphere  of  his  action,  but  one 
controlling  and  directing  power.  All  responfflbility  would 
be  unhesitatingly  assumed  and  niade  to  rest  entirely  on 
that  unity  of  voHtion  which  he  represented.    Such  quali- 
fications were  eminently  need^  for  the  protection  of  a 
city  containing  a  motley  population,  wlii(^  was  without 
any  natural  elements  of  cohesion,  and  in  which  abounded 
distraction  of  counsel,  conflicting  opinions,  wishes  and 

•  OUibome'B  Dlspftteh  to  Monroe,  December  9, 1814. 

(879) 


'■'.  V    *'•   •  .'0^L.-^ 


.-.tl 


I 


380 


THE   BANKS   SUSPEND   PAYMENT. 


[1814. 


feelings,  and  much  diffidence  as  to  the  possibility  of  ward- 
ing off  the  attack  with  which  it  was  threatened  by  a 
powerful  enemy.  Various  measures  had  been  discussed, 
but  none  effectively  executed.  Governor  Claiborne, 
Commodore  Patterson,  the  Military  Commandant  of  New 
Orleans,  and  a  Joint  Committee  of  both  Houses  of  the 
Legislature,  had  frequently  met  on  the  subject,  but  their 
deliberations  had  led  to  no  practical  results.  There  was 
a  multitude  of  advice  and  schemes,  but  nothing  was 
done,  whilst  the  population  was  becoming  daily  more 
excited  and  alarmed  on  hearing  of  the  nearer  approach 
of  the  enemy.  "  There  was  wanting,"  says  Major  La- 
carriere  Latour,*  in  his  very  interesting  memoir,  page  53, 
"  that  concentration  of  power  so  necessary  for  the  success 
of  military  operations.  The  citizens,  having  very  little 
confidence  in  their  civil  or  military  authorities  for  the 
defence  of  the  country,  were  Ailed  with  distrust  and 
gloomy  apprehensions.  Miserable  disputes  on  account 
of  two  different  Committees  of  Defence,  unfortunately 
countenanced  by  the  presence  and  influence  of  several 
public  officers,  had  driven  the  people  to  despondency; 
they  complained,  and  not  without  cause,  that  the  Legis- 
lature wasted  time,  and  consumed  the  money  of  the  State 
in  idle  discussions  on  empty  formalities  of  election,  while 
all  their  time  and  all  the  wealth  which  they  squandered 
might  be  profitably  employed  in  the  defence  of  the 
country.  Credit  was  anniMlated ;  ahready  for  several 
months  had  the  Banks  suspended  the  pajTuent  of  their 
notes ;  to  supply  the  want  of  specie  one  and  three  dollar 
notes  had  been  issued^  and  doUars  had  been  cut  as  a 
substitute  for  small  change.  On  the  Banks  refusing 
specie,  the  moneyed  men  had  drawn  in  the^  ftinds,  which 

*  MiOor  Laeatriere  Latoar  wf»  •  FtMMbman,  and  a  very  able  oiBow.  He 
was  employed  as  Principal  Engineer  in  the  Seventh  Mllitaty  District  of  the 
U.  S.  Army.  «, 


,  «■*■ 


1814.] 


Xmi-T     4  OF   GENERAL  JACKSON. 


381 


they  no  longer  lent  out  without  a  usurious  interest  of 
three  or  four  per  cent,  per  month.  Every  on©  was  dis- 
tressed, confidence  had  ceased,  and  with  it  almost  every 
species  of  business.     Our  situation  seemed  desperate.'' 

It  was  in  these  circumstances  that  General  Jackson 
made  his  appearance.  His-  very  physiognomy  prognos- 
ticated what  soul  was  incased  within  the  spare  but  well- 
ribbed  tbim  which  had  that  ^  lean  and  hungry  look  '* 
described  by  England's  greatest  bard  as  b««peaking 
little  sle^  dF  nights,  but  much  of  ambition,  self-reliance, 
and  impatienoe  of  control.  His  lip  and  eye  denoted 
the  man  of  unyielding  temper,  and  his  very  hair,  slightly 
silvered,  stood  erect  like  quills  round  his  wrinkled  brow, 
as  if  they  scorned  to  bend.  S6me  sneered,  it  is  true,  at 
what  they  called  a  military  tyro,  at  the  impromptu  gen- 
eral who  had  sprung  out  of  the  uncouth  lawyer  and  the 
unlearaed  judge,  who  in  wms  had  only  the  experience 
of  a  few  months,  acquired  in  a  desultory  war  against 
wild  Indians,  and  who  was^not  only  without  any  previous 
training  to  his  new  profession,  but  also  without  the  first 
rudiments  of  a  liberal  education,  for  he  did  not  even 
know  the  orthography  of  his  own  native  language.  Such 
was  the  man  who,  vrith  a  handful  of  raw  militia,  was  to 
stand  in  the  way  of  the  vet^^n  troops  of  Ex^land.  whose 
boast  it  was  to  hare  triumphed  over  one  of  the  greatest 
captains  known  in  history.  But  those  who  entertained 
such  distrust  had  hardly  come  in  contact  with  General 
Jaokson,  when  they  felt  that  they  had  to  deal  with  a 
master*8pirit  True,  he  was  rough  hewn  from  the  rock, 
but  rook  he  was,  and  of  that  kind  of  rock  which  Provi- 
dence chooses  to  select  as  a  fit  material  to  use  in  its  struc- 
tures of  human  greatnesa.  True,  he  had  not  the  educa- 
tion of  a  lieutenant  in  a  European  army ;  but  what  lieu- 
tenant, educated  or  not,  who  had  th«  will  and-  the 
remarkable  military  adaptation  so  evident  in  General 


••  V  1.'    •'« 


'.  ■■■> 


i 


mm 


i 


l» .' . 


'}^^- 


LCo" 


..Ml 


*■ 

<«;» 


882 


GENERAL  JACKSON'S   OHABAOTEB. 


[1814. 


Jackson's  intellectual  and  physical  organization,  ever  re- 
mained a  subaltern  ?  Much  less  could  General  Jackson 
fail  to  rise  to  his  proper  place  in  a  country  where  there 
was  so  much  more  elbow-room,  and  fewer  artificial  ob- 
stacles than  in  less  favored  lands.  But,  whatever  those 
obstacles  might  have  been.  General  Jackson  would  have 
overcome  them  all.  His  win  was  of  such  an  extraordi- 
nary nature  that,  like  Christian  :foith,  it  could  almost  have 
accomplished  prodigies  and  removed  mountains.  It  is 
impossible  to  study  the  life  of  General  Jackson  without 
being  convinced  that  this  is  the  most  remarkable  feature 
of  his  character.  His  will  had,  as  it  were,  the  force  and 
the  fixity  of  fate ;  that  will  carried  him  •triumphantly 
through  his  military  and  civil  career,  and  through  the 
difficulties  of  private  life.  So  ilitense  and  incessantly 
active  this  peculiar  faculty  was  in  him,  that  one  would 
suppose  that  his  mind  was  nothing  but  will — ^a  will  so  lofty 
that  it  towered  into  sublimity.  Inliim  it  supplied  the 
place  of  genius— or,  rather,  it  was  almost  genius.  On 
many  oeeasdons,  in  the  course  of  his  long^  eventftil  life, 
when  his  shattered  constitution  made  his  physicians  de- 
spair of  preserving  him,  he  seemed  to  continue  to  live 
merely  because  it  was  his  will ;  and  when  his  unconquer- 
able spirit  departed  f^om  his  enfeebled  and  worn-out 
body,  those  who  knew  him  well  might  almost  have  been 
tempted  to  suppose  that  he  had  not  been  vanqiushed  by 
death,  but  had  at  last  consented  to  repose.  This  man, 
when  he  took  ther  command  at  New  Orleans,  had  made 
up  his  mind  to  beat  the  Englii^;  and,  as  that  mind  was 
so  constituted  that  it  was  not  suaeeptible  of  entertaining 
much  doubt  as  to  ihe  resultB  6i  any  of  its  resolves,  he 
went  to  work  with  an  innate  confidence  whieh  transf^ised 
itself  into  th6  population  he  had  been  sent  to  protect. 

Genera]  Jackson  arrived  in  New  Orleans  after  a  fati- 
guing journey  of  eleven  days  through  a  barren  and  thinly- 


;>,r:?^;j!;.' 


■r^-^." 


18U.] 


DEFENCELESS  CONDITION  01*  THE  STATE. 


383 


settled  country,  and  yet,  without  11  owing  himsett'  any 
time  for  repose,  cm  that  very  day  he  reviewed  the  bat- 
talion of  the  uniform  companies  of  the  New  Orleans  mi- 
litia,  commanded  by  Major  Daquin.  These  companies 
were  composed  of  natives  of  Louisiana  of  French  descent 
and  of  Frenchmen.  They  were  completely  equipped,  well 
drilled,  and  manoeuvred  with  admirable  precision.  The 
General  was  highly  pleased,  and  expressed  his  satisfaction 
to  the  officers.  The  next  day,  true  to  the  natural  activity 
of  his  disposition  and  to  his  constant  practice  of  seeing 
everything  himself  as  far  as  practicable,  he  went  to  visit 
Fort  St.  Philip,  in  the  Parish  of  Plaquemine,  and  to  de- 
termine what  other  parts  of  the  Kiver  Mississippi,  below 
New  Orleans,  it  m^ht  be  expedient  to  fortify.  Fort  St. 
Philip  was  but  an  indifferent  fortification,  which  had  been 
constructed  as  far  down  the  river  as  the  nature  of  the 
groimd  had  permitted.  On  that  visit  to  Fort  St.  Philip, 
General  Jackson  ordered  its  wooden  barracks  to  be  de- 
molished, and  several  additional  pieces  of  artillery  to  be 
mounted  on  its  ramparts.  He  also  ordered  a  thirty-two- 
pounder  and  a  mortar  to  be  put  in  its  covered  way,  and 
two  batteries  to  be  ccmstnicted—^the  first,  on  the  right 
bank  opposite  Fort  Sti,  Philip,  and  on  the  site  of  a  former 
fort  now  entirely  in  ruins,  called  Font  Bourbon.  The 
second  battery  was  to  be  half  a  nule  above  the  fort,  and 
on  the  same  bank.  These  wero  to  be  mounted  with 
twenty-two-pounders*  The  latter,  ia  partieular,  was  in 
a  situation  extremely  advaatageous  for  commanding  the 
river^  and  eould  join  its  fire  with  that  of  Fort  St. 
PWlip.* 

On  his  return  to  New  Orleans  General  Jackson  pro- 
ceeded io  visit  that  port  of  the  country  which  is  back  of 

'  ,  ■'   '  •  .       ■  ■         .  -        ■  .  -  -; 

»  U«MiT%  mskaieal  M«noir,  p.  as. 


■■■■  :':f /^ly' 


M 


l:- 


'•Jf^^- 


384 


JACKSON 'b   preparations.     - 


[1814. 


the  city,  and  which  tbrms  a  kind  of  peninsula  bordering 
on  Lake  Pontchartrain.  At  the  coikfluence  of  Bayou 
Chef  Menteqr  and  Bayou  Sauvage,  or  Gentilly,he  ordered 
a  battery  to  be  erected.  At  the,  same  time  he  had  sent 
orders  to  Governor  Claiborne  to  cause  all  the  bayous 
leading  fiom  the  Gulf  of  Mexico  and  fi'om  the  adjacent 
lakes  into  the  interior  of  the  country  to  be  obstructed. 
In  obedience  to  these  instructions,  Bayou  Manchac,  a 
well-known  and  much  used  outlet  from  the  Mississippi 
to  Lake  Pontchartrain,  was  closed,  where  it  meets  th^ 
Mississippi  a  few  miles  below  the  tovm  of  Baton  Bouge, 
and  has  remained  closed  ever  since. 

General  Jackson  found  that  the  country  he  had  come 
to  defend  was  in  the  most  defenceless  condition.  It  had 
a  considerable  extent  of  coast  connecting  with  the  inte- 
rior through  many  water  oommunicationii ;  and  having 
hai'dly  any  fortified  points,  it  was  open  on  all  sides.  It 
had,  besides,  in  its  neighborhood  the'Spanish  harbor  of 
Pensaoola,  which,  until  General  Jaeksou  put  an  end  to 
it,  had  freely  admitted  the  enemy's  ships,  and  the  greater 
part  of  whose  population  was  hostile  to  the  United 
States.  For  the  de^.nce  of  its  extensive  shores  it  had 
six  gun-boats  and  a  sloop'Of-^war,  with  Fort  St.  Philip 
on  the  Mi8sissi{^i)  and  Fort  Petites  Coquilles  on  the 
Rigolets  between  Lake  Borgofi  and  Lake  Pontchartrain, 
on  the  present  site  of  Fort  PUce.  Both  weiie  thought 
incapable  of  standings  a  regular  siege.  The  supply  of 
amis  of  all  sorts  «ndt}f  ammunition  was  very  deficient, 
particularly  in  aitiBery.  As  to  mortars,  there  were  but 
two  ;  they  had  been  landed  from  bomb-ketches  v^^ch 
had  been  condemned,  a&d  Hken  were  not  a  hundred 
bombs  of  the  cidibre  required  by  these  mortars.  Besides, 
from  the  construction  of  th^  carriages,  they  were  only 
fit  to  be  mountsd  on  board  of  vessel^  and  by  no  means 


814. 

0 

ring 

lyou 

ered 

Bent 

yous 

iceut 

oted. 

ac,  a 

sippi 

B  th« 

ouge, 

thad 
inte- 
tavlng 
m.    It 
»or  of 
snd  to 
;reater 
Jftited 
t  had 
Philip 
HI  the 
rtrun, 
lought 
ply  of 
ficient, 
ire  but 
wlM<!>h 
mdied 
ke^des, 
only 
means 


/ 


1814.] 


IHPOVTAirOE  OF  LOUISIANA. 


385 


adapted  to  land-batteries.  The  Fort  of  Petitea  Coquil- 
les  was  not  Aniahed,  nor  waa  it  in  a  oondition  to  make 
an  ordinary  resistanoe.* 

"Such  waa  the  iaeonaideiable  defence,"  aaya  M^jor 
Latonr,  "  that  protected  the  Bh<»ea  of  Louisiana  and  cov- 
ered a  country  that  haa  an  extent  of  ooaat  of  upward  of 
six  hundred  miles,  and  of  which  even  a  temporary  pos- 
session by  an  enemy  might  be  attended  with  consequen- 
ces baneful  to  the  future  prosperity  of  the  Western 
States.  The  General  Oovernment  might  and  ought  to 
have  been  well  informed  of  the  vulneraUe  points  of 
Louisiana.  Accurate  maps  «of  the  country  ou  a  large 
scale  had  been  made  by  the  engineer,  B.  Lafon  and  my- 
self, and  delivered  to  General  Wilkinson,  who,  it  is  pre- 
sumable, did  not  fail  to  forward  them  to  the  Secretary 
of  War.  That  part  of  the  State  in  particular  by  which 
the  enemy  penetrated  was  there  laid  down,  and,  in  1818, 
Brigadie^Generikl  Flournoy  ordered  Migor  Lafon,  the 
Chief  Engineer  of  th«  Dirtrict,  io  draw  up  an  exact  ac- 
count of  fdl  the  points  to  be  Ibrtified  for  the  general  de- 
fence of  Louisiana.  The  dvaughts,  whieh  were  numerous 
and  formed  aa  atlas,  were  accompanied  -with  very  par- 
ticular explanatoiy  iiottft  That  work,  wluch  iieflects 
great  credit  on  its  author,  pointed  out  in  the  meet  pre- 
cise and  dear  maao^  what  was  expedient  to  be  done,  in  ; 
order  to  put  the  country  in  a  state  of  security  against  i 
all  suiprifiei.  I  have  always  understood  that  those  drains 
were  ordeveil  and  «zeeBted  lor  the  purpose  of  being  sent  i 
to  the  then  Secretary  of  War,  to  enaUe  Uie  Govemmoit 
to  determine  in  their  wisdom  the  points  proper  to  be 
fortified.  To  what  &iidily  then  was  it  ovpiag  thst  Lou- 
isiana^ Whose  imeans  of  dtfence  were  so  macbquate,  which 
had  bat  a  scanty  white  population  composed  in  •  ipreat 


26 


*  Liktoto'i  Meuudr,  p.  7. 


'.r  ' 


Kh: 


i 


i'^- 


•    .7..'?    iW^t-'^K 

.'■'i'J"''  '■'i^^SlKi 

:  .-■  ^^,,,i,ivv•-,/'■.tti:■|pJf■•, 


^'V, 

'.._,     '*', 


lit; 


xm 


):* 


V 


886 


IMPOBTANCE  OF  LOUISIANA. 


[1814. 


i^f- 


proportion  of  foreigners  speaking  various  languages,  and 
which  was  so  remote  from  any  succors,  though  one  of  the 
keys  of  the  Union,  was  so  long  left  without  the  means 
of  resisting  the  enemy  9  I  shall  be  told  that  to  fortify 
the  coast  in  time  of  peace  were  to  incur  an  unnecessary 
expense.  This  position  I  by  no  means  admit;  but  I 
further  observe  that  the  war  had  already  existed  two 
years ;  and  we  ought  to  have  presumed,  had  positive 
proof  been  wanting,  that  the  British,  having  numerous 
fleots,  and  every  me<ms  of  transporting  troops  to  all 
points  of  the  coast  of  the  United  States,  would  not  fail 
to  make  an  attempt  against  Louisiana — a  country  which 
already,  by  its  prodigious  and  unexampled  progress  in 
the  culture  of  the  sugar-cane,  had  become  a  dangerous 
rival  to  the  British  Colonies.  The  City  of  New  Orleans 
contained  produce  to  a  vast  amount.  The  cotton  crops 
of  the  State  of  Louisiana  and  the  Mississippi  Ter- 
ritory, accumulated  during,  severat  years,  were  stored  in 
that  city  which  was  surrounded  with  considerable  plan- 
tations having  numerous  gangs  of  slaves.  It  was,  in  a 
word,  the  emporium  of  the  produce  of  a  great  portion  of 
the  Western  States.  The  Mississippi,  on  TfJbich  it  lies, 
receives  the  streams  that  water  upward  of  a  million  of 
square  miles,  and  wafts  to  New  Orleans  the  annually 
increasing  pioductions  of  their  fertUe  banks.  It  is  by 
the  Mississippi  and  the  rivers  emptying  into  it,  that  the 
communication  is  kept  up  between  the  Western  and 
Northern  States ;  and  by  the  Mississippi  and  the  Mis- 
souri there  will,  at  no  distant. period,  be  carried  on  with- 
out difficulty,  or  with  very  little  obstruction,  the  most 
extensive  inland  navigation  on  th^  globe. 

*' AU  these  advantages  were  calculated  to  exdtQ  the 
cupidity  of  the  Britisht  and  inspire  thein  lyith  the  desire 
of  getting  possession  of  a  country  which,  besides  its  terri- 
torial wealth,  insured  to  who^v^  might  hold  it,  an  im- 


1814.] 


IMPOBTANCB   OF   LOUIBIANA. 


887 


mediate  control  over  the  Western  States.  In  possessing 
themselves  of  Louisiana,  the  least  favorable  prospect  of 
the  enemy  was  the  plunder  of  a  ver}^  considerable  quan- 
tity of  produce,  the  destruction  of  a  city  destined  to  be- 
come commercial  and  opulent  in  the  highest  degree, 
and  the  ruin  o^  numerous  plantations  which  must  one 
day  rival  in  their  productions  those  of  the  finest  colonies 
of  European  nations.  Their  other  prospects,  less  certain 
indeed,  but  in  which  they  were  not  a  little  sanguine, 
were  the  separation  of  the  Western  Stat<es  from  the  rest 
of  the  Union ;  the  possibility  of  tr^insferring  ^he  theatre 
of  wai*  to  the  westward  by  the  posseseion  of  the  Missis- 
sippi, and  effecting  a  junction  with  their  army  in  Cana- 
da; and  lastly,  being  masters  of  Louisiana,  to  import 
by  the  river  their  various  manufactures,  and  secure  to 
themselves  the  monopoly  of  the  fur  trade." 

These  strictures  of  Major  Lacarriere  Latour,  who  was 
an  able  engineer,  and  an  eye-witness  to  all  that  happen- 
ed in  Louisiana  on  that  critical  occasion,  show  that  the 
United  States  which,  in  time  of  peace,  had  treated  the 
inhabitants  of  Louisiana,  fix>m  the  oession  of  that  prov- 
ince by  France  in  1803,  until  its  admission  into  the 
Union  in  1812,  with  harshness  and  injustice,  and  with 
very  little  regard  for  their  feelings,  as  I  have  shown  in 
the  preceding  pages,  had  been  very  negligent  in  pro- 
viding for  their  defence  in  time  of  war.  It  must  be  re- 
membered that  several  of  the  States,  and  particularly 
the  Ifew  England  States,  had  seen  its  incorporation  into 
the  Union  with  such  aversion  as  to  threaten,  in  conse- 
quence of  it,  a  dissolution  of  the  ftindamental  compact ; 
and  some  of  their  most  distinguished  BefffeBentatives  in 
Congress  had  evtn  declnred  that  ^y  would  forever  con- 
sider it  as  foreign  territory.  One  is  almost' tempted  to 
suppose  thiat  the  Gteeral  Government  had  at  kit  adoptr 
ed  the  same  viewia,  from  the  defenceless  condition  in 


<'.'■■'. 


fmmm 


,v#^5^,. 

-  '.'•■'#.■/'-■-■'•■• -l-ISti'li' 


V  ..  i  -  V.  .. 


5' .i'.'Yi^'V .. 

|» 

p.  ••■(..'■1  V. 

-•■  ■■»     •  * .'  t  - 

ty-'f   \  ■■■■■ 

.V     •-«'    iU'       i 


888 


OENEBAL  JACKSOir's   OATH. 


[1814, 


which  it  had  left  an  acquisiticm  which  had  proved  so 
objectionable  to  a  powerftil  minorit  j — ^a  minority  whose 
delegates  were  now  assembled  in  Convention  at  Hart- 
ford in  the  State  of  Connecticut,  and  threatening,  if  not 
to  side  with  England  in  the  present  war,  at  least  to 
throw  every  obstacle  in  the  way  of  its  successful  prose- 
cution. Fortunately  the  man  who  was  sent  for  the  de- 
fence of  Southern  Territory  was  southern  bom.  He 
was  a  native  of  South  Carolina,  and  had  grown  to  hardy 
manhood  on  the  forest-clad  hills  ot  Tennessea  It  is 
Rtill  more  fortunate  that  he  was  equal  to  the  occasion. 
He  did  not  deplore,  in  helpless  despair,  the  scarcity  of 
his  resources ;  he  did  fiot  write  to  his  Government  that 
he  could  not  defend  New  Orleans  with  his  limited  means ; 
he  never  thought  of  retreating,  or  abandoning  one  inch 
of  territory ;  he 'saw  that  he  had  to  create  everything  for 
defence,  and  everything  he  did  create.  In  reply  to  timid 
insinuations  he  swore  his  fkvcnite  oath — ^that  well-known 
oath  which  always  escaped  fi<om  his  lips  when  he  was 
excited  or  indignant-— an  oath  which  sprang  from  a  re- 
ligious and  not  profane  heart — ^he  swore  "by  the  Eter- 
nal" that  not  one  ibot  of  the  soil  of  Louisiana  should 
be  permanently  held  by  the  English,  and  he  kept  that 
oath  to  the  letter. 

"  Govierrior  Claiborne  seems  to  have  fully  lippreciated 
the  merits  of  General  Jackson,  and  to  have  been  dis- 
posed fi*om  the  beginning  to  co-operate  sealdusly  with 
him,  for,  on  the  ^h  of  December,  a  few  days  rffcer  Gene- 
ral Jackson's  artnval,  he  wwrte  to  the  Secretary  of  State, 
Mi*.  Monroe,  that  the  nomination  of  no  offider  to  the 
command  of  the  District  <50uld  have  been  more  generally 
approved,  "nor  do  I  know  6ne,"  said  he,  "under  whose 
orlto»  in  the  field  I  wodld  mow  cheerfully  plftce  mysdf." 
Bn^  lidded  h« :  "in  theuiHent  Oi  General  Jackson^s 
death,  br  absence  ftom  the  district,  it  is  not  improbable 


'i,'^" 


4  • 


18U.] 


CLAIBOBNE  S   MILITABT   CLAIMS. 


a89 


that  some  contest  may  arise  as  to  the  right  of  oommaQd/' 
His  reasons  for  apprehending  the  possibility  of  siioh  a 
conflict  between  State  and  Federal  authority  he  ex- 
pressed as  follows : 

''  At  the  last  Session  of  the  Legislature  of  the  State, 
by  a  Resolution  of  the  two  Houses  I  have  been  request- 
ed, whenever  the  ii)ilitia  of  Louisiana  was  ordered  into 
the  field,  to  command  in  person.  In  consequence  it  has 
been  and  is  still  v^y  determination,  whenever  the  danger 
of  invasion  becomes  imminent,  to  order  out  the  whc^e,  or 
Huch  portion  of  the  militia  of  the  State  as  circumstances 
shall  render  necessary,  and  to  place  myself  at  the  head. 
It,  however,  is  far  from  my  wish  to  interfere  with  the  com- 
mand of  General  Jackson.  On  the  contrary,  I  have  as- 
sured him  that,  on  all  occasions,  I  would  obey  his  orders. 
I,  however,  should  be  unwilling  to  acknowledge  any  other 
officer,  either  of  the  regular  army,  or  of  the  militia,  on 
duty  m  this  SkUey  as  my  military  superior.  I  do  not 
know  how  far  General  Jackson  may  be  inclined,  should 
I  take  the  field,  to  consider  me  as  his  second,  nor  do  I 
design  at  present  to  press  a  decision.  It  is  not  improb- 
able but  the  General  would  rather  the  President  should 
determine  the  rank  to  which  a  Governor  of  a  State, 
taking  the  field,  was  entitled,  and  I  would  myself 
prefer  that  course.  I  ^iserve  that,  if  the  newspapers  are 
to  be  accredited}  Governor  Tompkins  of  New  York  has 
been  vested  by  the  President  with  the  command  of  a^l 
the  forces  within  the  State.  I  do  not  ask/(M'  a  Ukecom 
mand  within  Louisiana.  It  has  been  coinmitled  tp  much 
abler  hands,  and  I  should  regret  a  change.  But,  di^ent 
as  I  am  of  jny  military  talents,  J  must  coii^ess,  Sir,  I 
should,  Tifith  extreme  reluctance,  withia  niy  awn  State, 
submit  to  the  control  of  any  one  of  the  mili^  Generals 
in  the  serfiee  x>f  the  United  Stat(Bs  who  had  no  .^eater 
military  experience  than  myself^  and  less  knowledge  of 


% 


'x-f  ■  't^ 

'  ri? '•■spy  N 


'<■■•■  Wm 
■:'■  '''^m'mm 

«  .'.i'^,'"'-  •■  '••Jji;','-"' 


800 


OLAIBOBNE  TO  THE  SENATE. 


[ISU. 


•fK 


/■■"'^ 


the  country.  I  solicit,  therefore,  that  whenever,  in  caHe 
of  invanion,  or  imminent  danger  of  invasion,  I  should  in 
my  character  as  Governor  of  Louisiana  order  out  any 
portion  of  the  militia  and  place  myself  at  their  head, 
General  Jackson  may  be  instructed  to  consider  me 
as  second  in  command  of  the  forces  to  be  employed 
within  this  State."  It  is  not  known  what  reply  the 
General  Government  made  to  this  communication. 

Whilst  the  city  of  New  Orleans  was  resounding  with 
the  clash  of  arms  and  full  of  military  preparations,  the 
Governor  was  in  vain  endeavoring  to  fill  up  the  seat 
which  had  been  so  long  vacant  on  the  bench  of  the 
Supreme  Court,  and  to  make  nominations  which  continued 
to  be  rejected  by  the  Senate.  On  the  6th,  he  sent  in 
the  name  of  the  Attorney-General,  Xavier  Ma]i;in,  but 
ou  the  9th  he  wrote  to  Senator  Fromentin  in  Washing- 
ton: "I  do  not  at  present  know^an  individual  who 
would  unite  a  majority  of  the  Senate.  Seven  members 
have  voted  for  Martin,  and  will,  I  believe,  be  satisfied 
with  no  other  person."  Thus  the  Governor  found  the 
Senate  as  refractory  at  this  session  as  at  the  preceding 
one ;  and  ho  did  not  seem  to  be  better  satisfied  with  the 
Lower  House,  for  in  the  same  letter  he  said :  ^^  The  House 
of  Representatives  consumes  much  time  in  debate,  and 
as  yet  the  Legislature  have  answired  no  one  of  the  ob- 
jects for  which  they  were  called.  I  trust  and  hope, 
however,  that  they  will  unite  in  some  measures  which 
the  interest  and  safety  of  the  State  imperiously  demand." 

I  write  these  lines  when  the  State  of  Louisiana  has 
been  invaded  by  Northern  troops,  when  a  general  fix>m 
New  England  is  a  military  dictator  in  New  Orleans, 
when  Louisianians  are  called  traitors  and  rebels,  when 
their  property  is  confiscated,  and  all  sorts^  of  outrages 
are  heaped  upon  them  by  the  80)\s  of  sires  who  sat  in 
the  Hartford  Convention,  where    •'eason  was  meditated, 


1814.] 


UTEBATURB  IN    LOUISIANA. 


391 


but  foQud  not  hearts  bold  enough  to  cairy  it  into  execu- 
tion. It  may  not  be  here  ou<  of  place  to  record  what  a 
GoTemor  of  Louisiana  then  thought  of  the  purposes  of 
that  Oonventioti.  In  the  communication  of  the  9th  of 
December  to  Monroe,  which  I  have  already  quoted, 
Claiborne  said  :  ^  What  is  likely  to  re«nlt  from  the  New 
£ngland  Convention  9  For  mysdf,  I  view  this  proceed- 
ing with  much  anxiety  and  inquietude.  It  surely  pre- 
sents an  alanning  aspect  to  the  friends  of  the  Union, 
and  will  not  fail  to  encourage  the  enemy  to  attempt  the 
overthrow  of  our  Govermnent"  Whilst  treason  was 
thus  lurking  in  more  than  one  Northern  breast,  Louisiana 
was  preparing  to  show  that  such  a  crime  was  not  of 
Southern  growth. 

*  It  is,  however,  mortifying  to  a  Louisianian  to  know 
that  a  Governor  of  Louisiana,  on  the  same  day  on  which 
he  expressed  these  patriotic  anxieties  about  the  fidelity 
of  New  England,  felt  himself  justified,  perhaps  with  too 
much  reason,  to  wtite  the'  following  lines  to  one  David 
M'Gee  :  "  As  regards  the  literary  work  you  contemplate, 
I  am  assured  of  its  usefblness,  and  desire  its  completion. 
I  fear,  however,  that  in  this  city  and  State,  useful  as  the 
work  would  be  to  its  inhabitants,  it  would  not  meet 
with  liberal  encouragement.  A  love  of  letters  has  not 
yet  gained  an  ascendency  in  Louisiana,  and  I  would  ad- 
vise you  to  seek  ft>r  your  pi-oduction  the  patronage  of 
some  one  of  tlie  Northern  cities."  How  bitter  is  the 
thought  that  this  is  true !  How  hard  it  is  for  the  vera- 
city of  the  Southern  historian  to  admit  that,  even  in 
1864,  a  judicious  and  frank  adviser  would  be  compelled 
to  say  to  a  man  o(  l<3tters  in  the  language  used  by  Clai- 
borne in  1814 :  **  I  would  iidvise  you  to  seek  for  your 
production  tl^  j  patronage  of  some  one  of  the  Northern 
cities." 

*  On  the  14th  of  December,    iovernor  Claiborne  laid 


'!:t^ 


'•ft"<  ■;< 


■  ■:.■■'  *:'■••-  './rt' 

•  *  ■  > '  ■■'C-'lr'-.'M 


WKl, 

1    .t . '-  \v>- 


/:*■■ 


IIP 


i|v>''^.''f%^  -^  V,.'-- 


,^^.- 


392 


APPROACH   OP  THE   BBITISH. 


[1814. 


before  the  Legislature  a  commamcation  from  Commodore 
Patterson,  which  informed  him  of  the  approach  of  the 
enemy  in  considerable  foroe,  and  another  communication 
from  General  Jackson  whidi  requested  him  to  hold  in 
readiness  to  take  the  field  the  whole  militia  of  the  State. 
Accompanying  these  two  communications  was  a  message 
in  which  he  said:  "Among  the  measures  which  our 
safety  requires,  permit  me  to  recommend  the  suspension 
for  a  limited  time  of  the  Writ  of  Habeas  Corpus.  This 
will,  as  the  Commodore  suggests,  enable  him  to  press 
hands  for  manning  the  vessels  of  the  United  States  under 
his  orders ;  nor  is  there  any  doubt  also,  i&  case  of  the 
landing  of  the  enemy,  but  it  will  be  found  expedient  to 
enable  the  commander  of  the  troops  of  the  United  States 
and  of  the  militia  of  the  State  to  apprehend  and  secure 
disaffected  persons." 

This  message  gave  rise  to  wu'm  debates  in  both 
houses  of  the  Legislature.  A  Statd,  it  was  admitted, 
could  suspend  the  Writ  of  Habeas  Corpus  in  its  own 
courts,  but  could  its  authority  extend  to  the  Federal 
courts?  Besides,  many  entertained  great  doubts  on  the 
question,  whether  any  person  arrested  by  any  of  the 
commanding  officers  of  the  land  or  naval  forces  of  the 
United  States  could  be  relieved  on  Writs  of  Habeas  Cor- 
pus issued  by  a  State  court.  All  knew  that  Judge 
Hall,  who  presided  in  the  District  Court  of  the  United 
States,  was  of  opinion  that  Congress  alone  had  au- 
thority to  withdraw  the  protection  of  that  writ  by  which 
the  Constitution  of  the  United  States  intends  that  the 
humblest  citizen  shall  be  made  as  secure  in  his  person 
as  if  covered  with  a  shield  of  divine  manufacture.  AH 
knew  that,  in  1806,  General  WilMnson  had  treated  with 
contempt  the  writs  of  territorial  judges,  but  had  not 
dared  to  disobey  those  of  Hall.  The  firmness  of  that 
magistrate,  and  his  inflexibility  in  the  discharge  of  what 


1814.] 


DEBATES  IN  THE  LEGISLATURE. 


393 


he  thought  his  duty,  made  it  a  matter  of  certainty  that 
he  would  disregard  the  State  legislation  in  rdation  to 
the  suspension  of  the  Writ  of  Habeas  Corpus.  Why, 
therefore,  should  the  State  place  itself  in  the  undignified 
position  of  J^slating  in  vain,  and  of  assuming  an  au- 
thority which  would  be  set  at  naught  9  Such  was  the 
language  of  those  who  were  adverse  to  the  measura 

General  Jackson,  Governor  Claib<»iie,  and  many  of 
the  military,  they  further  said,  are  incessantly  talking 
of  sedition,  disaffection,  and  treason.  But  we  are  better 
acquainted  with  the  people  of  Louisiana  tiian  those  who 
are  vociferating  against  them*  We  have  come  from  the 
bosom  of  that  people ;  we  have  ^me  from  every  payt  of 
the  State ;  we  have  witnessed  the  universal  alacrity  with 
which  General  Jackson's  requisition  for  a  quota  of  the 
militia  has  been  complied  wit^  ;  we  know  that  our  con- 
stituents can  be  depended  on ;  we  know  that  no  State  is 
more  free  from  treason,  and  if  we  suspended  the  Writ  of 
Habeas  Corpus,  we  would  admi^  that  there  are  grounds 
for  the  vain  and  injurious  apprehensions  entertained  by 
those  who  do  so  much  iiyuatice  to  liouisiana.  We  re- 
member but  too  well  the  days  wh^  General  Wilkinson, 
arresting  and  transporting  wh<»n  he  pleased,  fill^  New 
Orleans  with  ao  much  terror.  Did  not,  in  those  days, 
the  President  of  the  United  States,  the  illustrious  Jeffer- 
son, make  application  to  Congress  for  a  suspension  of 
the  Writ  of  Habeaa  Corpus,  on  the  ground  that  the  safety 
of  the  country  was  endangered  by  Burr's  conspiracy  ? 
Did  not  Congress  refiiae  to  grant  ^hatl^e  President 
desired?  Itiis  a  sale  precedent;  aad  General  Jackson 
has  no  right  to  complain,  ^  w@  c^i^iid  to,  him  what  was 
refused  to  the  President  by"  Congress.  These  argpuments 
prevailed,  and  both  houses  votefil  against  the.  measure 
desired  by  General  Jackson,  and  recommended  by  Gov- 
ernor Claiborne. 


*i^. 


i,' 


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*i.'.-^. 
% 


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■"'•■i»''e»'.-'-«KvtrW-'.i 

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.v....,...;-.v;*^t??;: ; 
•  .-■. -.v-'*  ■'■"■■  "■.''»^.' 


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394 


louaillieb's  bepobt. 


[1814. 


Louaillier,  whose  name  will  figure  somewhat  conspicu- 
ously in  the  sequel  of  this  History,  in  consequence  of  his 
arrest  by  order  of  General  Jackson,  and  who,  at  this 
time,  acted  as  chairman  of  a  "  Committee  to  whom  was 
referred  the  consideration  of  suspending  the  "Writ  of  Ha- 
beas Corpus,  in  order  to  enable  Patterson  to  impress  sea- 
men, i-eported*  the  recommended  measure  as  inexpedient. 
The  Committee  thought  the  countrj'  would  be  iU  de- 
fended by  men  forced  into  service ;  and  that  it  was  bet- 
ter to  induce  sailors,  by  the  offer  of  ample  bounties,  to 
repair  on  board  of  the  ships  of  the  United  States,  than 
forcibly  to  drag  them  on  board.  A  sum  of  «ix  thousand 
dollars  was  therefore  placed  by  the  Legislature  at  the 
disposal  of  the  Commander,  to  be  expended  in  bounties, 
and,  with  a  view  to  remove  from  seamen  the  opportunity 
to  decline  entering  the  service  of  the  United  States  by 
the  hope  of  a  more  profitable  employment  on  board  of 
merchant  vessels,  an  embargo  law  was  pa8sed.f  It  is 
difficult  to  conceive  how  the  same  Legislature  which  had 
refused  to  suspend  the  "Writ  of  Habeas  Corpus,  on  the 
ground  that  it  could  not  legislate  on  that  matter  for  the 
Federal  courts,  did  not  doubt  its  authority  to  arrest  the 
commerce  of  the  United  States  by  an  embargo  law. 

The  adverse  i-eport  made  by  Louaillier  to  Commodore 
Patterson's  application  cannot  be  looked  upon  as  having 
been  dictated  by  a  want  of  patriotism,  because  the  same 
member  of  the  Legislature  had,  as  chairman  of  the  Com- 
mittee of  Ways  aild  Means,  made  the  most  spirited  and 
earnest  report  on  the  necessity  of  taxing  all  the  resources 
of  the  State  for  defensive  preparations.  "  Who  has  not 
admired,''  he  said  in  that  document,  '^  the  patriotic  ardor 
which  was  displayed  ia  the  execution  of  the  works, 
deemed  by  the  principal  cities  of  the  Union  sad  our  sis- 

*  Martin's  History  of  Looisiana,  p.  846,  vol.  8. 
f  Do.,  p.  846,  voL   3. 


1814.] 


louaillieb's  bepobt. 


395 


ter  States  necessary  for  the  protection  of  such  as  could 
be  assailed  by  the  enemy  i    The  magistrates,  the  citizens, 
the  officers  of  the  Geneitil  GoTemment,  manifested  tho 
utmost  zeal  to  obtain  the  desired  object ;  their  safety  and 
the  ignominious  retreat  of  the  enemy  were  the  glorious 
result  of  their  efforts.    How  does  it  happen  that  such  a 
noble  example  has  not  been  followed  in  this  part  of  the 
Union  ?    Are  we  so  *  situated  as  to  have  no  dangers  to 
dread  ?    Is  our  population  of  such  a  description  as  to 
secure  our  tranquillity  ?    Shall  we  always  confine  our- 
selves to  addresses  and  proclamations  ?    Are  we  always 
to  witness  the  several  Departments  intrusted  with  our 
defence,  languishing  in  a  «tate  of  inactivity  hardly  to  be 
excused  even  in  the  most  peaceable  times  ?    No  <rther 
evidence  of  patriotism  is  to  be  found  than  a  disposition 
to  avoid  every  expense,  every  fatigue ;  nothing  as  yet 
has  been  performed.    It  is  the  duty  of  the  Legislature 
to  give  the  necessary  impulse,  but  it  is  only  by  adopting 
a  course  entirely  opposite  to  that  which  has  been  hither*  i 
to  pursued  that  we  can  hope  for  success.    If  the  Legis- 
lature adds  its  own  indolence  to  that  which  generally 
prevails,  we  can  easily  foresee  that,  ere  long,  a  capitula- ; 
tioD,  similar  to  that  .obtiuned  by  the  (»ty  of  Alexandria, ; 
will  be  the  consequence  of  a  conduct  so  highly  culpable. 
''  A  considerable  force  is  now  assembled  under  the 
orders  of  General  Jackson,  which  will  speedily  receive 
large  reinforcements  from  the  militia  q£  the  Western  { 
States,^but  it  is  nevertheless  true  that  the  principal  ave- 
nues to  oar  capital  are  not  in  a  situation  to  insure  its 
preservation ;  and  that,  unless  we  are  determined  to  pi'o*  r 
vide  for  its  safety  ourselves,  unless  we  act  with  a  prompt- 
ness and  energy  equal  to  the  torpor  which  seems  to  have  i 
invaded  the  principal  branches  of  our  Government,  that 
force  MriU  oidy  be  employed  in  retaking  this  territory, 
which  must  fkll  an  easy  prey  iO  the  first  efforts  of  an  in- 


T- 


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.  •.a.'.tr.'-.f., 


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fi''  ;■;»/': ■'TV. 


396 


louaillieb's  bepobt. 


[1814. 


vading  foe.  The  Legislature  has  been  convened  for  tlie 
purpose  of  supplying  a  Aind  adequate  to  the  expenses 
necessary  to  ward,  off  the  danglers  by  which  wfi  are 
threatened.  This  is  the  object  which  we  must  accom- 
plish. Little  does  it  matter  whether  this  or  that  expend- 
iture oi^ht  to  be  furnished  by  the  Federal  administra- 
tion, or  by  the  State  Government ;  let  us  not  l^esitate  in 
making  such  as  safety  may  require.  When,  this  shall 
have  been  secured,  then  our  didms  to  a  reimburs^^||L^, 
will  be  listened  to." 

^  This  document  demonstrates  the  zeal  which  actuated 
this  distinguished  member  of  the  Legislature^  but^  at  the 
same  time,  con^dering  i^e  source  frcHU  which  it  came,  it  is 
a  singular  bill  «f  indictment  against  th«  Federal  Govern- 
ment, against  the  L^slature  itielf  and  all  the  State 
authorities,  as  well  *as  against  the  whole  peculation.  It 
proclaimed  "  that  the  noble  example^ ven  by  the  prin- 
cipal cities  of  the  Union  and  oiu*  sister  States  had  not 
been  ibllow«d  by  this  parti  of  the  Union ;  that  our  popu- 
lation was  not  of  such  a  desoraptiott  as  to  secure  tran- 
quillity ;  that  we  had  confined  ourselves  to  addresses  and 
proclamations;  that  the  sev^al  Departments  introsted 
with  our  defence  had  been  languishing  in  a  state  of  in- 
activity hardly  to  be  excused  even  in  the  most  peaceable 
times;  that  no  other  evidence  of  patriotism  was  to  be 
found  than  a  disposition  to^avoid  Qvery  expense,  every 
fatigue ;  that  nothing  as  yet  had  been  performed  when 
the  enemy  was  abready  on  4he  threshc^d  of  the  country ; 
and  that  if  the  Legialatuife  added  its  own  indolence  to 
that  which  genera^  pr&s^ioledtt  it  was  easy  to  foresee 
that,  ere  long,  a  ca{»tulationy  similar  to  that  obtained  by 
the  cit}'  of  Alexandria^  would  >bei  th^i  «opaequeQce  of  a 
conduct  so  highly  eulpable.^'. ;  Tbam  oensorious  report  wa^ 
adopted  without  any  denial  of  the  facts  which  had 
elicited  such  harsh  comtnents.    It  was  ^eedily  followed 


1814.] 


ACTION   OF  THE  LEGI8LATUBE. 


397 


by  aotiotn;  the  Legislature  sanctioned  the  loan  of  twenty 
thousand  dollars  which  the  Governor  had  effected  during 
its  recess,  to  provide  for  the  defence  of  the  State.  The 
sum  of  seventeen  thousand  dollars"*  which  remained  w 
the  TreasoHy  out  ot  that  loan  was  dired«d  to  be  ap- 
plied, under  the  orders  of  General  Jackson,  to  procuring 
materials  and  wc^kmen  for  the  completion  of  such  bat- 
teries and  other  fortifications  as  he  had  directed;  and  a 
further  sum  (^eleven  thousand  dollars  was  appropriated 
to  the  same  subject. 

Such  was  the  condition  of  the  country  as  described  in 
Louaillier's  report  on  the  22d  of  November,  before  the 
arrival  of  G^neralJackson,  which  took  place  on  the  lat 
of  December,  as  I  have  alseady  stated.    It  is  probable 
that  General  Jackson  had  heard  of  this  state  of  things. 
It  is  known  that,  from  various  sources,  he  had  been  in- 
formed that  the  country  was  full  of  spies  and  traitors.f 
It  is  known  that  he  Irad  written  to  that«  effect  to  Clal-^ 
borne,  and  that  ClMborne  had  replied:  '^  think  with 
you  that  the  country  w  fuU  of  spies  and  traitors."    To 
this  must  be  added  what  Judge  Martin,  who  was  an 
eye-witness  to  all  that  happened  at  that  epooh^  says  in 
his  valuable  work  on  Lovisiana :  "  The  Governor,  who 
was  not  unwilling  to  iscvease  his  own  merit  by  magnify- 
ing the  obstacles  he  had  to  surmount,  stated  in  his  cor 
res^ndence  with  Jackscm  every  opposition  he  met  with, 
and  did  not  f ail  vo  represent  eveiy  one  who  did  not 
thinlrtts  he  did^  as  ininicfd  tothe  oouatry*    Those  who 
immedsAtiely  sorroimdeck  Jaokson  on  this  aerival,  with  a 
^Yiew  to  enhasce  his  reliance  on  tfaem^  availed  theaBselves 
^'of  evei^^oppiartimityr  ts  uierease  hit  sense  o$  danger." 
^Is  it  thin^'W%» wondca^ a#  if  ^l^enerfd  Jad^on,  who  was 
'  an  utter  stranger  to  the  population  c^  New  Orleans,  came 
/■  '■     ' 

V  •llar^»VHUitei]rofLoiiiBia|ia,p.  844,yol.  S. 

f  Martin's  History  of  Louidana,  p.  840,  vol.  3. 


fm 


'        "    V-       ..■•*7-.':.'  *^ 


398 


EFFECTS   OF  JACKSON'S   PRESENCE. 


L1814. 


S.'v. 


M 


^Mh 


H^^^-'Sls'.''-  ■■'■■ 


to  that  city  witb  a  mind  somewhat  unfavorably  preju- 
diced, and  that  he  should  have  act«)d  as  he  did  hereafter, 
on  the  occasion  which  is  to  be  recorded  in  the  pages  of 
^is  History  ? 

But  the  state  of  things  described  in  Louaillier's  report 
had  changed  as  soon  as  General  Jackson  had  set  his  foot 
on  the  soil  of  Louisiana.  Indolence  had  given  way  to 
zeal  and  activity,  distrust  to  ccm^dence,  confusion  to 
order,  diversity  of  counsel  and  action  to  the  sole  direc- 
tion of  one  controlling  mind  which  made  itself  felt  every- 
where, and  which  gave  an  impulse  to  everything. 
Throughout  the  State,  in  obedience  to  the  call  of  the 
General,  the  whole  militia  was  organising  and  preparing 
to  mardi  to  any  threatened  point.  In  New  Orleans  and 
in  its  environs  every  man  capable  of  hearing  arms  was 
already  in  the  field,  and  the  planters  of  the  neighboring 
parishes  of  Plaquemine,  St.  Bernard,  St.  Charles  and 
St.  John  the  Baptist,  had  sent  more  negroes  than  the 
General  needed  to  erect  his  intended  fortifications. 
^  In  the  mean  time,  the  enemy  was  approaching  and  pre- 
paring to  land.  The  naval  armament  which  protected 
Lakes  Borgne  and  Pontchartrain  consisted  of  five  gun- 
boats, with  28  gmis  and  182  men.  To  this  force  must  be 
added  the  schooner  Seahorse  with  one  six-pounder  and 
fourteen  men,  and  the  skx^  All^tor,  armed  with  one 
four-pounder  and  manned  by  a  crew  of  eight  men.  This 
sloop  acted  as  tender  to  the  little  fleet.  On  the  12th  of 
December,  the  commander  of  ihis  flotilla,  Thomas  A.  C. 
Jones,  observing  that  the  enemy's  fleet  off  Ship  Island 
had  increased  to  such  a  force  as  to  rendw  it  no  longer 
safe  or  prudent  for  him  to  ^ontsnue  on  that  part  of  the 
Lakes,  determined  to  gain,  as  soon  as  poasibk,  a  station 
near  lie  Malheureuse,  because  it  would  enable  1dm  to 
oppose  a  ftirther  penetration  of  the  enemy  up  the  Lakes, 
and  at  the  same  time  afford  to  the  American  gun -boats 


k*<  •'■ 


vk.  .^    .til 


i814.] 


BATTLE  OK   LAKE  BOBGNE. 


899 


the  oppoitunity  of  retreating  to  the  Fort  of  PetiteB  Co- 
quilles,  if  necessary. 

On  the  ISthy  ivb  10  a.  h.,  a  large  number  of  barges 
lefb  the  English  fleet,  and  moved  toward  Pass  Christianne. 
At  first,  it  was  supposed  that  they  intcfnded  to  disembark 
trc  jps  a&  that  place,  but,  as  they  continued  their  course 
to  the  westward,  Commander  Jones  became  convinced 
that  they  meditated  an  attack  on  his  gun-boats.  These 
gun-boats  were  aground  on  account  of  a  strong  westerly 
wind  which  had  prevailed  for  several  days,  and  which 
had  made  the  water  in  the  lakes  uncommonly  low. 
They  were  got  afloat  by  throwing  overboard  all  articles 
of  weight  that  oould  be  dispensed  with.  At  last,  at  3.30 
p.  iL,  the  flood-tide  conunenced,  the  fleet  got  under  way, 
and  began  to  faU  back  toward  the  Kigolets ;  but  un* 
fortunately,  early  on  the  momiag  of  the  14th,  the  wind 
having  died  away  entirely,  the  vessels  were  compelled  to 
anchor  in  the  channel  which  exists  at  th?)  west  end  of  lie 
Malheureuse.  At  daylight,  the  barges  of  the  enemy 
were  ascertained  to  be  at  anchor  about  nine  miles 
from  the  Americana ;  but  they  soon  got  in  motion  and 
rapidly  advanced.  This  flotilla  consisled  of  foity-five 
launches  and  barges  with  forty-three  cannon  and  twelve 
hundred  men,  including  officers,  under  the  command  of 
Capttdn  Jjockjer.  They  had  already  cut  off  the  schoon- 
er Seahor"<),  which  had  been  sent  to  Bay  St.  Louis  to  as- 
sist in  the  removal  of  the  public  stores.  The  captain  of 
the  sehooner,  after  having  bravely  and  suoeesBMly  re- 
pulsed seven  of  the  enemy's  boats,  which  hftd  attacked 
him^  and  aftep  having  done  them  miH^  damage,  had 
blown  up  his  ship  and  destroyed  the  public  sUareB.  The 
AIligat<»^  (tender),  whieh  had  been  separated  from  the 
gun-boatiy  had  ake  been  captured  while  endeavoring  to 
rejoin  them. 

At  the  time  when  the  British  were  pressing  forward 


ml 


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I.- 


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'.-v^vi.:,<v.;iV;,;^,^;;V 

,'.■«'  -,-   •;■-■■•  ^  ■■!,  fi:  •«.'  'iV 

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,ij,      ■..«■>..  r;--  ■^  ■;}.^■.^■•• 


mi 


400 


BATTLE   ON   LAKE   BOBONE. 


[1814. 


'«>«.•,••''. 

,;'i^.-.-: 


with  the  utmost  power  of  their  well-mani^^ed  oars,  there 
cont?nu«^d  to  be  a  dead  calm,  and  a  Btrong  ebb-tide  was 
setting  through  the  pass,  or  channel — which  circumstances 
were  unfavorable  for  manoeuvring  the  gun-boats.  The 
American  commander  had  but  one  alternative,  which 
was,  to  put  himself  in  the  most  advantageous  position  he 
could  take  and  give  the  enemy  as  worm  a  re  .'eption  as 
posmble.  With  this  view  he  formed  a  close  line  abreast 
across  the  channel,  anchoring  each  vessel  by  the  stem 
with  springs  on  the  cable,  aad  having  boarding  nestings 
triced  up.  Unfortunately,  that  line  was  soon  broken  up 
by  the  force  of  the  current,  which  drove  two  of  the  gun- 
boats about  one  hundred  yards  in  advanca  At  ten 
minutes  before  eleven,  the  enemy  opened  fire  from  the 
whole  of  his  line,  when  the  action  became  general  and 
destructive  on  both  sides.  Jones  was  on  board  of  one  of 
the  gun-boats  which  hiid  been  dri¥e^  tbrwai^  by  the 
current.  Three  boats  attempted  to  board  his  ship,  but 
were  repulsed  with  the  loss  of  nemrly  every  officer  killed 
or  woundedv  and  two  boats  sunk.  A  second  attempt  was 
made  by  four  other  boats,  which  shared  almost  a  similar 
fate.  At  that  moment  Captain  Jones  received  a  severe 
wound  which  compelled  him  to  quit  his  deck,  leaving  it 
in  charge  of  George  Parker,  master^s  mate,  who  gallant- 
ly defended  it  until  he  also  was  disabled  by  a  wound, 
when  the  enemy  by  his  superior  number  o%ereame  all 
resistance.  The  guns  of  the  prize  were  immediately 
turned  against  the  other  gun-lK>aite,  and  the  action  con- 
tinued with  unabating  severity  until  aK  the  guihboats 
fell  into  the  hande  of  the  assailants.*  The  engagement 
lasted  an  hour  and  a  hal^  and  does  iniinite  cre<yt  to  the 
Amerioan  aamSi  eonndering  the  disparity  of  forces.  The 
loss  on  board  of  the  gun^boats  was  forty-five  kflled  and 

*    ( Jones's  Bepoit  to  Commodore  Patterson. 
( LookyerVi  to  Admiral  Cochrane. 


[1814. 

there 

i  was 

ances 
The 

which 

on  he 

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A.t  ten 

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ton  con- 
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igement 
it  to  the 
The 
led  and 


1814.] 


FEDERAL   NEOLEOT  OF   LOUISIANA. 


401 


wounded.  On  the  side  of  the  British  it  was  not  less 
than  three  hundred.  The  destruction  of  these,  gun-boats 
left  Louisiana  entirely  defenceless  on  its  waters,  and  per- 
mitted the  enemy  to  land  whenever  and  wherever  he 
pleased.  This  was  almost  all  the  naval  defence  which 
had  been  prepared  for  the  protection  of  Louisiana  by 
the  Federal  Government.  Major  Latour,  whose  testimo- 
ny as  a  skills  officer  and  an  actor  in  most  of  the  scenes 
which  he  describes  I  always  quote  with  confidence  and 
respect,  says: 

"  Commodore  Patterson,  who  had  served  several  years 
on  the  New  Orleans  Station,  which  he  had  commanded 
irom  nearly  the  commencement  of  the  war,  was  per- 
fectly acquainted  with  our  coast,  and  consequently  knew 
what  means  were  necessary  to  defend  it.  On  this  subject 
he  had  written  at  an  early  period,  and  several  times 
since,  to  the  Secretary  of  the  Navy.  At  Tchifonctee,  on 
the  eastern  shore  of  l^^e  Pontchartrain,  a  fiat-bottomed 
frigate  had  begun  to  be  built  two  years  before,  calcula- 
ted for  the  navigation  of  the  lakes  and  our  coasts.  She 
was  to  carry  forty  two  pieces  of  cannon,  twenty-six  of 
which  were  to  be  thirty-two-pounders.  The  building 
of  this  frigate  was  suspended,  in  consequence,  I  believe, 
of  the  representations  of  Brigadier-General  Flournoy, 
then  commanding  this  District.  From  his  first  taking 
command  of  the  Sftation,  Commodore  Patterson  had  not 
ceased  to  solicit  the  Government  to  authoiize  him  to 
have  that  frigate  finished.  Governor  Claiborne's  corre- 
spondence with  the  heads  of  the  different  Departments 
was  also  to  the  same  effect ;  but  though  much  was  prom- 
ised, nothing  was  performed.  It  might  have  been 
thought,  from  the  little  r<^ard  that  was  pair*  co  the  rep- 
resentations oi  the  superior  ofiloers  of  the  District  and 
of  our  representatives  in  Congress,  that  Louisiana  was 
considered  as  a  bastard  child  of  the  Americaii  family ; 
26 


.1, 


•"  ^^ 


VJT- 


m 


■'. ,,  ,  ■i-l-"iJ•v'^u.• 
^•  ■^'■:;-j-.M,vi;-  ■■ 

■  ■•'■:■.'. <-  A.  -•■■■  ■•' 

t  ■t^:y■i\(i{^■,^ 


¥ 


■■:  M''    ■■■•     -, ■•:■■»,•  y'l J.  ■■• 

s-fv  '<...■■<: iv:i.^ 

■■■■;■■■  ■;:o-''^iwv'-;; 

■  ■'■■  ■  r  .  V—  ;!  .■.':<!  J'-'.' '/..*" 


402 


CLAIBOBNE'i   PITHY   MESSAGE. 


[1814. 


ft-  Jf.  /.J 


W"  '"■**"■■.■  .'-v.. 


or  that  to  attack  her  was  looked  upon  as  an  imposHil^il- 
ity.  Yet  the  attack  made  on  us  wpa  within  a  hair's 
breadth  of  succeeding ;  for  hod  the  enemy  appeared  a 
few  we'jks  sooner,  before  General  Jackson  arrived  in 
New  Orleans,  ho  might  have  entered  the  city  with  little 
or  no  oppositio'i,  there  beins  no  means  of  resisting  him ; 
and  however  well-inclined  the  citizens  were  to  defend 
themselves,  it  would  have  been  impossible  to  prevent 
the  taking  of  the  city." 

On  the  15th,  Claibomd  informed  the  Legislature  of 
the  disaster  which  had  befallen  our  fleet.  This  ioforma- 
tion  was  accompanied  with  these  observations:  ''The 
length  of  the  combat  is  a  proof  of  the  valor  and  firmness 
with  which  our  gallant  tars  maintained  the  unequal 
contest,  and  leaves  no  doubt  that,  although  compelled 
ultimately  to  strike,  their  conduct  has  been  such  as  to 
reflect  honor  upon  the  American  name  and  navy.  The 
ascendency  which  the  enemy  has  ^ow  acquired  on  the 
coast  of  the  lakes  increases  the  necessity  of  enlarging 
and  completing  our  measures  of  defence.^ 

On  the  next  day,  Claiborne  sent  to  the  Legislature 
the  following  short  and  pithy  message :  "The  moment  is 

,  certainly  inauspicious  for  that  cool  and  mature  deliber- 
ation which  is  essential  to  the  formation  of  laws.  The 
enemy  menaces  this  capital,  and  we  know  not  how  soon 
he  may  effect  a  landing.  Every  hand  must  be  raised 
to  repel  him,  and  all  our  time  should  be  occupied  in  ar- 
ranging and  completing  our  measures  of  defence.    Per- 

*  mit  me,  therefore,  to  suggest  the  propriety  of  adjourning 
the  two  Houses  for  fifteen  or  twenty  days."  This  mes- 
sage was  referred  to  a  Committee,  who  reported  that  an 

»  adjournmei  t  at  the  present  crisis  was  inexpedient ;  that 

-r  it  might  be  highly  dangerous ;  that  accidents  might  hap- 
pen, and  unforeseen  cases  might  occur,  when  the  inter- 
ference ^of  the  Legislature  might  be  necessary*;  that, 


.1'   ./■■,^;. 


it  J 


1814.] 


MABTIAL   LAW    noOLAIHED. 


403 


',  ^ 


should  they  adjourn,  and  the  State  |bould  thereby  be  en- 
dangered, they  would  incur  the  just  reproaches  of  their 
constituents ;  besides,  that  few  members  would  have  time 
to  leave  the  city  during  so  short  an  adjournment  as  the 
one  urged  upon  them,  and  if  they  did,  their  mileage  in 
going  and  returning  would-be  such  as  to  increase  the 
expenses  of  the  State,  much  more  than  if  tbey  remained 
in  session,  wherefore  the  Committee  recommended  that 
the  members  should  stay  at  tneir  post,  ready  on  an 
emergency  to  contribute,  as  far  as  in  them  lay,  to  the 
defence  of  the  country.  These  views  of  the  Committee 
were  adopted  by  the  Legislature,  but  produced  an  un- 
favorable impression  on  General  Jackson.  He  immedi- 
ately proclaimed  martial  law,  and  issutd  with  his  char- 
acteristic energy^  the  following  iron-clad  address  to  the 
citizens  of  New  Orleans : 

"The  Major-General  commanding  has,  with  astoniBhment  and 
regret,  learned  that  great  consternation  and  alarm  pervade  your 
city.  It  is  true  the  enemy  is  on  our  coast  and  threatens  an  in- 
vasion of  our  Territory ;  but  it  is  equally  true,  with  union,  energy, 
and  the  approbation  of  Heaven,  we  wiU  beat  him  at  e!|ery  point 
his  temerity  may  induce  him  to  set  foot  upon  our  soil.  The  Gen- 
eral, with  still  greater  astonishment,  has  heard  that  British  emissa- 
ries have  been  permitted  to  propagate  seditious  reports  among  you 
that  the  threatened  invasion  ig^ith  a  view  of  restoring  the  country 
to  Spain,  fron^  a  supposition  that  some  of  you  would  be  willing 
to  return  to  your  ancient  government.  Believe  not  such  incredible 
tales ;  your  government  is  at  peace  with  Spain.  It  is  the  vital 
enemy  of  your  country,  the  common  enemy  of  mankind,  the  high- 
way robber  of  the  world  that  threatens  you,  and  has  sent  his  hire- 
lings among  you  with  this  false  report,  to  put  you  off  your  guard, 
that  you  may  fall  an  easy  prey  to  him.  Then  look  to  ywiir  liberties, 
your  property,  the  chastity  of  your  wives  and  daughters ;  take  a 
retrospect  of  the  conduct  of  the  British  army  at  Hampton  and 
other  places,  where  it  has  entered^  oar  country ;  and  every  bosom 
which  glows  with  patriotism  and  virtue  will  be  inspired  with  in- 
dignation, and  pant  for  the  arrival  of  the  hour  when  we  shall  meet 
and  revenge  Uiose  outrages  against  the  laws  of  civilization  and  hu- 
manity. 


»h^*i 


■  '-m 

r,  «| 


»va 


&i  (I 


'":.'^"'. '' '    ■■■■■■■•  .- 
5.  ,^^^■  .-•>„., V-'.-;,.-  • 

'       .       \'  h-  *       -  '  .     ■--**.    *"-,,' 

'  ■     «:  I*  ■     '       ,  ■  "  •*,  -i      t.^ 
1'  I  '  '-i-.-  f  T      ■  * 

'■     ■  ■  w    ^  ,  •■■     *■•    ■     .'    *'    ■ 


<& 


404 


,»c 


JACKflON'fi    ADDRiSS   TO   THE  CITIZENS.  [1814. 

"The  Ocnoral  calls  upf  n  the  InhabitnntR  of  the  city  to  traoo  thia 
unfounded  report  to  its  iCKiroe,  and  bring  the  propagators  to  con* 
dign  punishment.  The  rules  and  articles  of  war  annex  the  punish- 
ment  of  death  to  any  person  holding  secret  correspondence  with 
the  enemy,  creating  fulso  alurm,  or  supplying  him  with  provisiouH ; 
and  the  General  Announces  his  unalterable  determination  rigidly 
to  execute  the  martial  law  hi  all  i^sos  which  may  come  within  his 
province. 

"  The  safety  of  the  District  intn|ited  to  the  protection  of  the  Gcn> 
ernl  must  and  will  be  mainti^ed  with  the  best  blood  of  the  coun- 
try ;  and  he  is  confident  all  good  citizens  will  be  found  at  their 
posts,  with  their  arms  in  their  handn,  determined  to  dispute  every 
inch  of  ground  with  the  enemy;  and  that  unanimity  will  pervade 
the  country  generally ;  but  should  the  General  be  disappointed  in 
this  expectation,  he  will  separate  our  enemies  from  our  friends. 
Those  who  are  not  for  us  are  against  us,  and  vrill  be  dealt  with  ac- 
cordingly." 


J  81 4, 

fort, 

no  ir 

he  ai 

the( 

th^c 

He  3( 

as,  w 

Heea 

edat 

that  ]( 

attack 

War,, 

inent 

but  it 


This  address  was  signed  by  Thomas  L.  Butler,  aid-de- 
camp to  the  General. 

Fully  aware  of  the  importance  of  the  advantage 
which  the  enemy  had  gained  on  the  lakes,  General  Jack- 
son lost^no  time  in  protecting  every  assailable  point.  He 
immediately  ordered  the  bfitalion  of  men  of  color  com- 
manded by  Major  Lacoste,  who  must  not  be  supposed  to 
be  of  African  descent,  but  who  was  an  influential  plant- 
er of  Caucasian  blood,  to  take  post  with  tho  dragoons  of 
Feliciana  and  two  pieces  of  artillery,  at  the  confluence 
of  Bayou  Sauvage  or  Gentilly  and  Bayou  Chef  Men- 
teur,  in  order  to  cr  ver  the  road  to  the  city  on  that  side, 
and  watch  the  enemy's  movements.  Major  Lacoste  was 
also  instructed  to  erect  aldose  redoubt  surrounded  with 
a  fosse,  according  to  a  plan  drawn  by  Major  Latour  in 
compliance  witb  General  Jackson's  orders.  To  Captain 
Newman,  who  commanded  the  fort  of  Petites  Coquilles 
on  the  Rigolets,  lie  sent  these  instructions:"  "Defend 
your  post(  to  the  last  extremity,  and  in  case  you  should 
not  be  able  to  hold  out,  spike  your  guns,  blow  up  the 


1814.]  J^OKHON'b   MILITAflV   MEASURES.  405 

fort,  and  evacuate  on  Post  Chef  M^teur."  Neglecting 
110  means  of  astiHtniice,  howeveri^jltagntlY  unimpoi-tantf 
lie  authorized  Captain  Juzan  to  form^nto  compamen  all 
the  Choctaw  Indians  he  could  collect  hi  the  environs  of 
th^  cicy,  and  on  the  other  side  ttf  LaVfe^Pontchartrain. 
lie  »ent  expresses  to  GeifrAli  CoitSee,  Carrl^  and  Thom- 
as, who  were  on  their  wajyto  pccelerate'their  march. 
He  earnestly  charged  Geuerfli  Wmchester,  who  command- 
ed at  Mobile,  to  use  the  greatesrvigilance  in  protecting 
that  locality,  as  the  eneo^  might  endeavor  to  make  an 
^  attack  in  that  quarter.*  He  wrote  to  the  Secretary  of  ■ 
War,  complaining  of  the  neglect  of  the  Federal  Govern- 
ment in  providing  him  with  proper  means  of  defence, ' 
but  it  was  in  no  dejected  mood,  and  not  as  a  prepared 
excuse  for  anticipated  disaster.  "  Should  the  enemy," 
he  wrote,  "  effect  a  landing,  I  will,  with  the  help  of  God, 
do  all  I  can  to  repel  him."  He  also  acquainted  the  Sec- 
retary of  War  with  the  destruction  of  the  gun-boats  and 
with  the  taking  of  the  Pf^  t  of  the  Balize,  including  all 
the  pilots,  and  a  detachment  of  troops  that  was  there 
stationed;  He  further  informed  him  that  theftiroope 
from  Tennessee  and  Kentucky,  although  expected,  had 
not  ytt  ariived.  "  But,"  said  ho,  "  the  country  shall  be 
defended,  if  in  the  powep  of  the  physical  force  it  con- 
tains, wi^  the  auxiliary  force  oi-dered.  T/e  have  no 
arms  here.  Will  the  Government  order  a  supply? 
Without  arms  a  defence  c^inot  be  made."  Major  La-  ■• 
tour  relates  that  during  the  summer,  General  JacksoniiM 
while  yet  among  the  Creeks,  ha<|fniade  a  requisition  of  a 
quantity  of  arms,  ammunition,  heavy  cannon,  balls, 
bombs,  Ac,  to  be  sent  to  New  Orieans ;  •*  hut  such  was 
the  fatality,"  observes  the  Mftjor,  "which  happened  to 
be  attached  to  all  the  measures  adopt^  for  our  defence^ 


;•;?>■>. 


4 


*  Latour'e  Historical  Memoir,  p.  6S. 


■-•''..■  ♦.>;.>'-■/ V, .,;■...',-(. ,  ,  ! 
'      r  ■<-".-. .1  ■-■■I.'    ,'  » 


I 


i•^f.;^^^ 


% 


■■sai' 


#. 


It 


406 


SAY  ART,   THB  COLORED  ilLAlT. 


[1814. 


that  it  was  not  till  |be  middle  of  January,  1815  (after 
the  decisive  battle j^  the  8th  had  been  fought),  that  a 
very  small  prop)rtKn[i  of  wiat  had  been  ordered  arrived 
at  New  Orleans." 

General  Jac]yi%n  ha^been  so  well  pleased  with  the 
battalion  of  colored  men  i|||d^  Major  Laco8te,*that  it 
waSithought^oper  to  levy  a  nmv  battalion  of  the  same 
description.  A  colored  man  "ftaBpied  Savaiy,  who  had  dis- 
tinguished hinwelf  in  thW  wai's  of  St.  Domingo,  by  fight- 
ing ably  and  valiantly  against  lihose  of  his  own  race,  un- 
dertook to  form  a  battalion  of  refugees  from  that  island, 
who  had  cast  tbeir  lot  with  the  whites  when  they  had 
fled  to  Louisiana  on  being  overpowered  by  theip.enenjies. 
They  had  thus  given  a  remarkable  proof  of  attachment  to 
the  superior  race  for  which  it  might  have  been  su^^posed 
that  they  entertained  feelings  of  hatred  and  envy.  Savary 
obtained  the  grade  of  Captain,  and  was  remarkably  suc- 
cessful in  his  efforts  to  rftise  a  company.  The  new  bat. 
talion  was  soon  formed,  and  its  command  was  intnisted 
to  Major  Daquin,  of  the  Second  Eegiment  of  Militia,  who 
WAS  oniPof  the  white  refugees  from  St.  Domingo. -.  Michel 
Fortier,  a  native  of  New  Orleans,  and  one  of  the  wealth- 
iest merchants  of  the  city,  was  appointed  Colone^  and 
took  command  of  the  whol#  corps  of  colored  men, 
who,  it  must  be  understood,  werf)  all  free.  None  had 
been  taken  from  the  slaves,.  Many  of  them  had  received 
a  certain  degree  of  ediica^£^^nd  some  possessed  consM- 
erable  property. 

On  the  18th  of  Dep^beP)  General  Jackson  reviewed 
such  of  his  forces  as  werie  in  New  Orleans,  and,  on  their 
being  drtiwn  up  on  thw  respective  parades,  the  follow- 
ing eloquem  address  was  isad  to  them  by  Edward  Liv* 
ingston,  one  of  hi^ds : 

t 


1814.] 


jaokson's  address  id  the  militia. 


407 


'"'To  THE  Embodied  Mhitia," 

*^  Felhw- Citizens  iind  Soldiers :  '•La.      ^ 

"The  General  commanding  in-ohief  woulcPuot  do  justice  to 
the  noble  ardor  that  has  animated  you  in  the  hour  of  danger ;  he 
w<mld  not  do  justice  to  his  own  feelings,  if  he  tiered  the  example 
yon  hav»shown  to  jjwss  withbut|iublio|iiOtice.  *nih|bitants  of  an 
opulent  and  commercial  to\f;m,^u  have,by  a  sptti^tancous  effort, 
shaken  off  the  habits  which  are^reated  by  wealth,  and  shown  that 
you  are  resolved  to  deserve  the%leBsu^s  of  fortune  by  bravely  de- 
fending them.  Long  strangers  to  me  perils  of  war,  you  have 
embodied  yourselves  to  face  tHem  with  the  cool  countenance  of  vet- 
erans ;  and,  with  motives  of  disunion  that  might  operate  on  weak 
minds,  you  have  forgotten  the  difference  of  language  and  the  prej- 
udices of  national  pride,  and  united  with  a  cordiality  that  does 
honor  to  fSixiT  understandings  as  well  as  to  your  patriotism.  Na- 
tives of  .he  United  States  1  They  ate  the  oppressors  of  your  in- 
fant  political  existence,  with  whom  yoli  are  to  contend ;  they 
are  the  men  your  fathers  conquered,  whom  you  are  to  oppose. 
Descendants  of  Frenchmen  I  Natives  of  France  I  They  are 
English,  the  hereditary,  the  eternal  enemies  of  your  ancient  coun- 
try, the  invaders  of  that  you  have  pdopted,  who  ure  your  foes. 
Spaniards !  remember  the  conduct  of  your  all  As  at  St.  Sebastian, 
and  recently  at  Fensaoola,  and  rejoice  that  you  have  kn  opportunity 
of  avenging  the  brutal  injuries  inflicted  by  men  who  dia||pnor  the 
human  race.  *  ^i^ 

"Fellow-citizens  of  ev#y  description, 'remeraber  for  what  and 
against  whom  you  contend — ^for  all  that  can  render  life  desirable — 
for  a  country  blessed  with  eviery  gift  of  nature — ^for  property,  for 
life — for  those  dearer  than  either,  your  w^es  and  children — and  for 
liberty,  without  which  country,  life,  property,  are  no  longer  worth 
possessing — as  even  the  embraces  of  wives  and  children  become  a 
reproach  to  the  wretch  wl|^  wq^  deprive  them  by  his  coward- 
ice of  thote  invataabib  blessings.  You  ^re  to  contend  for  all  this 
afainst  an  enemy  whose  continued  ^oit  is  to  deprive  you  of  the 
least  of  these  blessings — who  avows  t  war  of  vengeanoeand  deso- 
lation, carri^  on  and  marked  by  cruelty,  lust,  and  horrors  unknown 
to  civilized  nations.  m 

"Citizens  of  Louisiana!  The  General  oommandmg-in-chief  re- 
joices to  see  the  spirit  that  animates  you,  not  only  for  your  honor, 
but  for  your  safety ;  for  whatever  had  been  ijisar  conduct  or  wishes, 
his  duty  would  have  led,  and  will  now  lead  him,  to  confound  the 
citizen  unmindful  of  his  rights  with  the  enemy  he  ceases  to  oppose. 


• 


-•     A-'fV 


m 


■'«,■■  civ ii'fl'vt.W^  J 
■,   , .  *  •■'■\'* '  •  v' 

. " .  ■     ■  •.  ■.-  ''„/t^^ 

:  '■   '•  "      ''■  ---'J'i..  •  •' 

'   .:>'>.'J!!.>-.VN;tll''"-, 
.•■■•■'      ■■'iT-  "f  ■*•• .... 


.;>'%-;ri.'j. 


.:■.'. '■\  ■. 


^if^:--*' 


t 


mm 


'in 


m 


t 


»♦ 


408 


JACKSON'S 


ADDHE88 


TO  THE   MILITIA. 


[1814. 


Now  leading  men  who  know  their  rights,  who  a»e  determined  to 
defend  them,  he  salutes ^ou,  brave  Louisianian^  as  brethren  in 
arms,  and  has  nqijf  a  liilnr  motive  to  exert  i91  hi|^  faculties,  which 
shall  be  strained  to  the  utmost  in  your  defence.  Continue  with  the 
energy  you  have  begun,  and  he  promises  you  not  Only  safety,  but 
victory  over  the  JMOlent  enimy  who  insulted  you  by  an  affected 
doubt  of  your^tuiehment  lb  the  ConMitution  of  your  country. 

"To  THE  Battauon  or  Unifoem  GoMPAmEs. 

"  When  I  first  looked  at  Hpu  on  the  day  of  my  arrival,  I  wast 
sati'fied  with  your  appearance,  and  every  day's  inspection  since 
has  confirmed  the  opinion  I  then  formed.  Your  numbers  have  in- 
creased with  the  increase  of  danger,  and  your  ardor  has  augmented 
since  it  was  known  that  your  post  would  be  one  of  peril  and  honor. 
This  is  the  true  love  of  country  I  You  have  added  to  it  an  exact 
discipline,  and  a  skill  in  evolutions  rarely  attained  b^^  veterans. 
The  state  of  your  coifps  does  equal  honor  to  the  skill  of  the  officers 
and  the  attention  of  the  men.  "With  such  defenders  our  country 
has  nothing  to  fear.  Everything  I  have  said  to  the  body  of  militia 
applies  equally  to  you — you  have  the  same  sacrifices  to  make — you 
have  the  same  country  to  defend,  the  san^  motive  for  exertion — 
but  I  should  have  b^n  unjustf  had  I  not  noticed,  as  it  deserved,  the 
excellence  of  your  discipline  and  the  martial  appearance  of  your 


corps. 


t 


M,  "To  *..  M,=K  0,  Co«* 

"  Soldiers  I  From  the  'shores  of  Mobile  I  collected  you  to  arms ; 
I  invited  you  to  share  in  the  perils  and  to  divide  the  glory  of  your 
white  countrymen.  I  expected  moolit  from  you,  for  I  was  not  unin- 
formed of  those  qualities  which  most  render  you  so  formidable  to 
an  invsicling  foe.  I  knew  that  you  would  endure  hunger  and  thirst 
and  all  the  hardships  of  war.  I  knew  that  you  loved  tke  land  of 
your  nativity,  and  that,  like  oar8$j^eB,<ijf  ou  had  to  defend  all  that 
is  most  dear  to  man;.,  but  you  surpass  my  hopes.^ ;,  I  havf  found  in 
you,  united  to  those  qualities,  that  noble  enthusiasm  which  impds 
to  great  deeds.  * 

"  Soldiars  1  The  President  of  the  Fnited  States  ^halibe  informed 
of  your  condi^t  on  the  present  occasion,  and  the  voice  of  the  Rep- 
resentatives or  the  American  Nation  shall  applaud  your  valor,  as 
your  General  now  praises  your  ardor.  The  enemy  is  near;  his 
swils  cover  the  lakes ;  but  the  brave  are  united ;  and  if  he  finds  us 
contending  among  ourselves,  it  will  be  for  the  prize  of  valor,  and 
fame  its  noblest  reward." 


>;';•«■. 


.'  >', 


1814.] 


Jackson's  militabt  obdebs. 


409 


This  exceedingly  complimentaiy  addi'ess  to  the  men  of 
color  was  expressecl  in  language  whi^h,  like  that  of  the 
one  he  had  sent  from  Mobile,  did  not  meJf  with  general 
approbation.  True,  the  assistance  of  those  men  was  of 
groiat  importance,  as  it  was  thought  that|ix  hundred  oft 
them  cotild  be  brought  under  arihs,  which  was  no  des- 
picable number,  when  the  force  we  had  to  oppose  to  the 
enemy  was  so  scant.  But  still  it  was  deemed  bad  poli- 
cy by  many  to  address  them  in  terms  which  were  not  in 
accordance  with  the  inferiority  of  their  social  position, 
and  which  might  tend  to  raise  hopes  that  could  never  be 
gratified.  There  were  some  who  predicted  that  it  was  a 
precedent  of  a  <|angerous  nature.  These  apprehensions, 
in  the  course  of  time,  have  been  strangely  realized ;  fcM* 
these  two  addresses  of  General  Jackson  to  the  men  ot 
color,  and  the  use  which  he  made  of  their  services,  were 
afterward  seized  upon  by  a  far  more  barbarous  foe  than 
the  English,  as  a  pretext  for  putting  in  Louisiana  the 
Blacks  on  a  footing  of  equality  with  Ihe  Whites,  and 
were  even  quoted  as  a  justification  for  arming  the  slaves 
against  their  masters.  *  M 

There  was  a  small  fort  at  the  mouth  of  Bayou  St.  John 
on  Lake  Pontchartrain,  whose  garrison  had  lately  been 
reinforced  by  a  volunteer  company  of  light  artillery. 
On  the  18th,  immediately  after  the  review.  General 
Jackson  ordered  Major  Plauch4,  with  his  battalion,  to 
take  command  at  that  post.  To  a]|  ofiScers  commanding 
detachments,  outposts  and  pickets,  he  gave  the  follow- 
ing instructions :  "  On  the  appi^ach  of  the  enemy,  re- 
move out  d  his  reach  every  kind  of  stock,  horses,  provis- 
ions, etc. ;  oppose  the  invaders  at  every  podnt ;  harass 
them  by  all  possible  means."  To  the  people  at  large  he 
said :  "  The  Major-General,  expecting  that  the  enemy 
will  penetrate  into  this  district  in  a  few  days,  requests 
of  the  people  of  Louisiana  to  do  their  duty  cheerfully, 


y-mM 


i-v  ■  »i'^i'*'>lii,,J.»J,i 


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"■■'•:\i  -  ■  ."0,-,»  '»  .  ■ 
•  ■  .vv.j,-.',,*c."''''-'..iV*  ; 

.     ..■-...,.     ■,•,■■■*  y.-t^'i: 


■r^m 


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tj^''^- J-'s,■J^^:'■ 
Sir;  >.'*.■. 


t 


410 


Jackson's  military  orders. 


[1814. 


and  bear  the  fatigiies  incident  to  a  state  of  war  as  be- 
comes a  great  Deople."  The  guard  of  the  city  was  com- 
mitted to  a  co^s  of  veterans  and  fire-enginemen  under 
the  command  of  General  Ldbatut.  They  were  to  occupy 
the  barracks,  hispitals  and  other  posts,  as  soon  as  the 
troops  of  the  line  and  the  militia  should  be  ordered  into 
the  field,  and  the  following  military  regulations  were 
established  for  New  Or^^ans  and  its  environs  :  ^ 

1.  Every  individual  entering  the  city  shall  report  him- 
self to  the  Adjutant-General's  office,  and  on  failure  shall 
be  arrested  and  held  for  examination. 

2.  None  shall  be  permitted  to  leave  the  city,  or  Bayou 
St.  John,  without  a  passport  from  the  General  or  his 
staff. 

3.  No  vessel,  boat  or  other  craft  shall  leave  the  citv  or 
Bayou  St.  John  without  such  passport,  or  that  of  the 
Commodore. 

4.  The  lamps^of  the  city  shall  be  extinguished  at  nine 
o'clock,  after  which,  every  person  found  in  the  streets, 
or  out  of  his  usual  place  of  residence,  without  a  pass,  or 
the  couiitersign,  shall  be  apprehended  as  a  spy  and  held 
for  examination. 

COT)tain  W.  B.  Carrol,  the  officer  who  had  the  com- 
mand of  the  navy-yard  at  Gheftincte,  was  ord'^'-ed  by 
Commodore  Patterson  to  cause  the  bri^  Etna  to  ascend 
the  bayou,  and  take  a  station  opposite  the  unfinished 
frigate  which  I  have  already  mentioned,  in  order  to  pro- 
tect her  in  case  of  the  approach  of  the  enemy.  Captain 
Can'ol  was  further  ordeied  not  to  suffer  any  boat  to  leave 
Chefuncte  for  Fayou  St.  John  without  a  passport,  and  in 
the  event  of  the  enemy's  entering  Lake  Pontchartrain, 
not  to  let  the  mail-boat  pass.* 

Certain  offenders  against  the  law,  who  were  in  prison, 
having  begged  to  be  released  and  to  be  permitted  to 

•  Latour's  Historical  Memoir,  p.  74. 


'm 


1814.] 


SEBVIOES   OF  LAFITTE  ACCEPTED. 


411 


meet  the  invaders  of  their  country,  their  request  was 
granted.  In  relation  to  individuals  of  this  description, 
I  have  already  recorded  in  the  course  of  thia  History,  that 
John  Lafitte,  his  brother  and  his  companions,  had  offered 
their  services  against  the  British  before  the  arrival  of 
General  Jackson,  and  had  been  refiised.  He  now  waited 
in  person  on  the  General  to  renew  his  patriotic  offers, 
and  this  time  they  were  accepted.  It  must  have  been  a 
highly  interesting  sight  to  witness  the  interview  between 
the  outlaw  and  the  stern  chief  whom  it  was  so  difficult 
to  move  from  any  of  his  resolves.  General  Jackson  had 
determined  to  have  nothing  to  do  vsdth  those  he  called 
"  pirates  and  infamous  bandits,"  unless  it  was  to  have 
them  speedily  hung,  as  he  thought  they  richly  deserved 
to  be.  He  had  said  in  an  official  proclamation,  which 
was  on  record,  "that  no  confidence  was  to  be  placed  in 
the  honor  of  men  who  courted  an  alliance  with  pirates 
and  robbers."  He  had  designated  the  Baratarians  as 
"  hellish  bandits.''  He  had  emphatically  declared  that, 
unlike  "  the  hateful  and  despicable  Englishmen,  he  would 
not  call  upon  either  pirated  or  robbers  to  join  him  in  the 
glorious  cause  he  had  to  defend."  Notwithstanding  all 
this,  the  two  men  met — Jackson  and  Lafitte — and  Gen- 
eral Jackson,  fettered  as  he  was  by  his  own  words  and 
acts,  revised  his  decision,  changed  his  mind,  and  hence- 
forth trusted  to  the  utmost  Lafitte  and  his  ^^  bandits." 
Some  of  them  he  sent  to  assist  in  the  defence  of  forts 
Petites  Coquilles,  St.  Philip  and  Bayou  St.  John.  The 
rest  formed  a  corps  under  two  of  their  leaders,  Dominique 
and  Beluchtt,  and  they  were  so  far  trusted  by  General 
Jackson  as  to  be  put  in  command  of  a  poHion  of  his  ar- 
tillery. They  subsequently  proved  by  their  skill  and 
bravery  that  General  Jackson  had  been  a  correct  judge 
of  human  nature  on  that  memorable  occasion.  In  the 
mean  time,  all  judicial  proceedings  on  the  part  of  the 


^m 


if II 


:;^s  .   

,;     «,.'^''i'.'iHl»f« 


•■  '**'"(■■'  /-■■  ■■■'■   '\  ■  ■ 

■..-•      .■  ■     V--     >-     '■■■..•-■••  '!>    . 

:-a-''--  '.:.:'--^'i.  ■■.■ 


.  ..■■  :■    ■     »  '.  ^,    :.:        *.*■!.-  ■■'■     ■ 


412 


A   STAY   LAW   ENACTED. 


^'■-. 


[1814. 


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■r/-. .'J   Vv 


MS 

Mr/" 

:*?:^^.-<-!  ^^ 

■^.'?-.-.*' ■■-■■ 

.  .-  -^\ ••■'.■     •■■■ 


i 


United  States  were,  of  course,  suspended  against  those 
for  whose  heads  rewards  had  been  oifered,  and  who, 
whatever  their* guilt  might  be,  were  anxious  to  endeavor 
to  atone  for  it  by  dying,  if  necessary,  on  the  field  of 
honor.  ^ 

At  this  time  the  Legislature,  considering*  that  the 
present  crisis  would  oblige  a  great  number  of  citizens  to 
take  up  arms  in  defence  of  the  State  and  compel  them  to 
quit  their  homes,  and  thus  "  leave  their  private  affairs  in 
a  state  of  abandonment,  which  might  expose  them  to 
gieat  distress,"  if  the  Legislature  should  not,  by  measures 
adapted  to  the  circumstances,  come  to  their  relief,  eu- 
acted : 

"That  no  protest  on  any  note,  or  bill  of  exchange,  payable  to  or- 
der or  bearer,  or  on  any  note,  bill  of  exchange,  or  obligation  for 
the  payment  of  money,  should  or  could  be  legally  made,  until  one 
hundred  and  twenty  days  after  the  promulgation  of  the  act.  ^■ 

"  That,  during  the  same  space  of  time,  no  property,  either  mova- 
ble or  immovable,  belonging  to  successions  or  bankrupts,  or  any 
property  seized  by  virtue  of  an/  execution  issued  by  the  courts  of 
justice,  or  justices  of  the  peace  of  the  State,  should  be  sold;  pro- 
vided that  this  delay  should  not  prejudice  the  holders  or  proprie-*^ 
tors  of  the  said  notes,  bills,  obligations,  or  judgments,  from  de- 
manding the  interest  which  they  would  or  might  have  legally  de- 
manded, if  the  said  delay  had  not  hern  granted.^ 

"  That,  from  and  after  the  promulgation  of  this  act,  no  civil  suit 
or  action  should  be  commenced  befor  e  any  court  of  record  or  other 
tribunal  of  the  State,  nor  should  any  execution  issue  oi*  be  proceed- 
ed upon;  and  that  all  proceedings  i  a  civil  suits  or  actions,  now 
pending  before  any  such  court  or  tril  unal,  should  henceforth  cease, 
and  be  suspended  until  the  first  of  Msy,  1815. 

"  That  no  sale  of  lands  or  slaves  widch  might  be  passed  during 
the  time  this  act  was  to  remain  in  forc^,  should  have  any  effect  to 
the  prejudice  of  the  rights  of  the  eredicors  of  the  person  making 
such  sale ;  provided  that  such  creditor  or  creditors  who  might  have 
no  existing  lien  on  such  property,  should,  beibre  the  first  day  of 

*  Preamble  of  the  Act  to  grant  delays  in  the  ca&es  therein  mentioned,  ap- 
pruved  D^ember  18, 1814. 


1814] 


ABBITAL  OF  TENI^ESSEEAKS. 


413 


June,  make  known  to  the  person  possessing  the  same  the  claim  or 
demand  they  might  have  agi  inst  the  seller. 

"That,  for  the  purpose  of  preserving  the  securities  of  creditors 
under  the  suspension ' of  judicial  procecMngs,  the  several  judges 
and  justices  of  the  peace  of  the  State,  having  original  jurisdiction, 
should  have  the  power  of  granting  writs  of  sequestration,  in  case 
debtors,  daring  such  suspension,  should  atterjpt  to  remove  their 
personal  estate  and  slaves  out  of  the  jurisdiction  of  the  courts, 
which  property  might  be  detained  under  sequestration  on  petition 
'  filed  by  the  creditor  whose  allegations  should  be  supported  by  his 
oath,  or  that  of  his  agent  or  attorney,  provided  that  the  debtor 
might  replevy  his  estate  so  sequestrated,  on  giving  bond  and  secu- 
rity for  the  payment  of  any  judgment  against  him,  or  any  debt  to 
be  liquidated  by  judgment  or  otherwise.' 

On  the  motion  of  Louaillier,  whose  energy  and  patriot- 
ism seemed  not  disposed  to  slumber,  the  Legislature 
appointed  a  Committee,*  at  whose  disposal  they  placed 
a  sum  of  two  thousand  dollars  for  the  relief  of  the  militia 
of  the  State,  seafaring  men  and  persons  of  color  in  the 
service  of  the  United  States.  The  Committee  were  in- 
structed to  invite  their  fellow-citizens  to  make  donations 
of  woolen  clothes,  blankets,  and  such  other  articles  as, 
in  case  of  aD  attack,  might  be  useful  to  the  wounded. 

On  the  19th,  General  Carroll  arrived  with  a  Tennessee 
Brigade  of  two  thousand  five  hundred  men,  and  on 
the  next  day,  General  Coffee,  with  twelve  hundred  rifle- 
men from  the  same  State.  This  addition  to  the  forces 
then  existing  in  New  Orleans  diffused  general  confidence. 
Besides,  all  the  measures  already  taken  by  the  Com- 
mander-in-Chief, and  the  wonderfol  activity,  energy  and 
skill  which  he  displayed,  had  produced  such  a  change 
that  the  alarm  which  he  had  reprobated  in  a  recent 
proclamation,  and  the  gloom,  despondency,  distrust 
and  apathy  which  have  been  described  by  Louaillier  and 
others,  had  entirely  disappeared.  As  a  proof  of  this 
change,  I  can  do  no  better  than  quote  the  language  of 

*  Mariin'B  Historj  of  Lotdsiana,  p.  881,  voL  S. 


W 


-vs. 


Sill 


Pjf'f-;-  ■  !'/,->«l-v.'i.''";':!«,\'';'.  ■ 


^' 


'•'L*. 


414 


FEELINGS   IN   NEW   ORLEANS. 


[1814. 


Judge  Martin,  then  acting  as  Attorney-General,  and  who 
afterward  occupied  mth  so  niuch  distinction,  for  more 
than  a  quarter  of  c  century,  a  seat  on  the  bench  of  the 
Supreme  Court.  >. 

"  At  this  period,"  says  this  highly  respectable  witness, 
wJiose  testimony  is  entitled  to  so  much  weight,  ''the 
forces  at  New  Orleans  amounted  to  between  six  and 
seven  thousand  men.  Every  individual  exempted  from 
militia  duty,  on  account  of  age,  had  joined  one  of  the 
companies  of  veterans  which  had  been  formed  for  the 
preservation  of  order.  Every  class  of  society  was  ani- 
mated with  the  most  ardent  zeal ;  the  young,  the  old, 
women,  children,  all  breathed  defiance  to  the  enemy, 
firmly  disposed  to  oppose  to  the  utmost  the  threatened 
invasion.  There  were  in  the  city  a  very  great  number 
of  French  subjects,  who,  from  their  national  character, 
could  not  have  been  compelled  to  perform  military  duty ; 
these  men,  however,  with  hardly  any  exception,  vol- 
unteered their  services.  The  Chevalier  de  Tousard, 
Consul  of  France,  who  had  distinguished  himself  and 
had  lost  an  arm  in  the  service  of  the  United  States  dur- 
ing the  Eevolutionar}'  War,  lamenting  that  the  neutial- 
ity  of  his  nation  did  not  allow  him  to  lead  his  country- 
men m  New  Orleans  to  the  field,  encouraged  them  to 
flock  to  Jackson's  standard.  The  people  were  prepaiing 
for  battle  as  cheerfully  as  if  for  a  party  of  pleasure ;  the 
streets  resounded  with  martial  airs;  the  several  corps  of 
militia  were  constantly  exercising  fr^m  morning  to  night; 
every  bosom  glowed  with  the  feeling  of  national  honor; 
everything  showed  that  nothing  was  to  be  apprehended 
fix)m  disaffection,  disloyalty  or  treason." 

Such  is  the  description  left  us  by  this  distinguished 
civilian,  who  himself  was  a  participator  in  these  scenes. 
Anoth6r,  given  by  the  graphic  jpen  of  a  military  wit- 
ness j  is  no  less  empJiatic: 


!W^r 


•■(.tZ 


[1814. 

I  wlio 

more 

of  the 

itnesB, 

;,  ''the 

ix  and 

id  from 

,  of  the 
for  the 

ras  ani- 

bhe  old, 
enemy, 

•eatened 

number 

aaracter, 

pyduty; 

^on,  vol- 
ousard, 

self  and 

ates  dur- 
neutral- 
ccuntry- 
them  to 
)repaiing 
sure ;  the 
corps  of 
tonight; 
al  honor; 
rehended 

jiguished 
ise  scenes. 
Uary  wit- 


1814.J 


FEELIKG8  IN   ^^W   0BLEAI7S. 


415 


"  General  Jackson  had  electrified  all  hearts,"  wrote  Major  La- 
tour  :  "  all  were  eensiblo  of  the  app  ching  ianger ;  but  they  wait- 
ed for  its  presence  undismayed.  They  knew  that,  in  a  few  days, 
they  must  come  to  action  with  the  enemy ;  yet,  calm  and  unalarm- 
ed,  they  pursued  their  usual  avocations,  interrupted  only  when 
they  tranquUly  left  their  homes  to  perform  military  duty  at  the 
posts  assigned  them.  It  was  known  that  the  enemy  was  on  our 
coast,  within  a  few  hours'  sail  of  the  city,  with  a  presumed  force  of 
betWw  <:  nine  and  ten  thousand  men;  whilst  all  the  forces  we  had 
yet  to  oppose  him  amounted  to  no  more  than  one  thousand  regu- 
lars, and  from  four  to  five  thousand  militia. 

"  These  circumstances  were  publicly  known,  nor  could  any  one 
disguise  to  'limself,  or  to  others,  the  dangers  with  which  we  were 
threatened.  Tet,  snch  was  the  universal  confidence  inspired  by  the 
activity  and  decision  oi  the  commander-in-chief,  added  to  the  de- 
testation in  which  the  enemy  was  held,  and  the  desire  to  punish  his 
audacity  should  he  presume  to  land,  that  not  a  single  warehouse 
or  shop  was  shut,  nor  were  any  goods  or  valuable  efiects  removed 
from  the  city.  At  that  period,  New  Orleans  presented  a  very  af- 
fecting picture  to  the  eyes  of  the  patriot,  and  of  all  those  whose 
bosoms  glow  with  the  feelings  of  national  honor,  which  raise  the 
mind  far  above  the  vulgar  apprehension  of  personal  danger.  The 
citizens  were  preparing  for  battle  as  oheerfullv  as  if  it  had  been  for 
a  party  of  pleasure,  each  in  his  vernacular  lK>ngue  singing  songs 
of  victory.  The  streets  resounded  with  Yankee  Doodle,  La  Mar- 
seillaise^  Le  chant  du  Dipart,  and  other  martial  airs,  while  those  who 
had  been  long  unacoustomed  to  military  duty  were  furbishing 
their  arms  and  accoutrements.  Beauty  applauded  valor,  and  prom- 
ised with  her  smiles  to  reward  the  toils  of  the  brave.  Though  in- 
habiting an  open  town,  not  above  ten  leagues  from  the  enemy,  and 
never  till  now  exposed  to  war's  alarms,  the  fair  sex  of  Kew*  Or*' 
leans  were  animated  with  the  ardor  of  their  defenders,  and  with 
cheerful  serenity,  at  the  sound  of  the  drum,  presented  themselves 
at  the  windows  and  balconies,  to  applaud  the  troops  going  through 
their  evolutions,  and  to  encourage  their  husbands,  sons,  fathers 
and  brothers  to  protect  them  from  the  insults  of  their  ferocious  ene- 
mies, &nd  prevent  a  repetition  of  the  horrors  of  Hampton.  The 
several  corps  of  militia  were  constantly  exercising  from  morning 
till  evening,  and  at  all  hours  was  heard  the  sound  of  drums  and  of 
military  bands  of  music.  New  Orleans  wore  the  appearance  of  a 
camp ;  and  the  grestest  oheerfhlness  and  concord  prevailed  among 
all  ranks  and  conditions  of  people.    All  countenances  expressed  a 


■■     .*'   V  ■■;:-■;' .'/^';V,i.->r 


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'fi::'-^..' 


mm 


m 


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416 


FOBOES   OF  TUE   INVADEKS. 


[1814. 


wish  to  come  to  uu  ::ugagemcnt  with  the  enemy,  and  announced  u 
foretaste  of  victory." 

Thifl  was  a  traiiBformation  indeed,  and  it  was  all  due 
to  General  Jackson  I  On  the  20tli,  Governor  Claiborne, 
in  a  communication  addressed  to  our  Senator  in  OongreBs, 
Fromentin,  in  which  he  spoke  of  the  approaching  force 
of  the  enemy,  remarked :  "  We,  hoTv  -■  rerj  feel  ourselves 
secure ;  there  is  but  one  sentiment,  one  mind ;  and  old 
and  young  are  alike  prep£ured  to  meet  and  repel  the  foe." 
The  expedition  against  Louisiana  was  composed  of 
14,450  men,  forming  three  divisions.  Sir  Edward  M. 
Packenham  was  Commander-in-Ohief.  Major-General 
Samuel  Gibbs  commanded  the  First  Division,  General 
Lambert  the  Second,  and  General  Keane  the  Third.  The 
fleet  which  had  transported  these  large  forces,  and  which 
was  to  aid  them  with  its  cooperation,  was  of  proportion- 
ate strength,  under  the  command  of  Admirals  Cochrane, 
Godringti  n  and  Malcolm.  These  three  divisions  of  Brit- 
ish troops  were  composed  of  regiments  which  had  cover- 
ed themselves  with  glory  on  many  a  battle-field,  and 
which  were  again,  on  the  banks  of  the  Mississippi,  to  be- 
have with  their  usual  gallantry,  but  not  with  such  suc- 
':■  cess  as  they  had  met  with  elsewhere.  The  water-course 
through  which  they  penetrated  into  Louisiana,  and  which 
is  put  down  in  old  French  maps  as  the  River  St.  Francis, 
.  was  also  called  by  the  people  of  the  neighborhood  "  Bayou 
vdes  Pecheurs."  By  Admiral  Cochitme  and  the  other 
British  officers  it  is  designated  in  their  dispatches  under 
the  name  of  Bayou  Catalan,  b;it  it  is  more  generally 
known  as  Bayou  Bienvenu.  It  requires  a  short  de- 
scription, which  I  cannot  give  in  more  accurate  words 
than  in  those  which  I  shall  borrow  from  M(0or  Zaoar- 
riere  LatoWy  who  ackys : 

"Through  this  bayou  nm  all  the  waters  of  a  large  baidn  of  a 


.814.] 


BAYOU   BIENVENU. 


41' 


triangular  form,  eighty  milos  squaro  in  Burfacc,  boun<1cil  on  the 
Bouth  by  the  MisHisslppl,  on  the  wist  by  New  Orleans,  on  the  north- 
west by  Bayou  Sauvago  or  Chef  Mentcur,  and  on  the  east  by  Lake 
Borgne,  into  whioh  it  empties.  It  ret  ives  the  waters  of  several 
other  bayous  formed  by  those  of  the  suiTounding  rypress  swampn, 
and  of  innumerable  little  streams  from  the  low  grounus  along  the 
river.  It  commences  behind  the  suburb  Marigny  at  New  Orleans, 
divides  the  triangle  nearly  into  two  equal  parts  from  its  summit 
to  the  lake  which  forms  its  basin,  and  runs  in  a  southeasterly  di- 
rection. It  is  navigable  for  vessels  of  one  hundred  tons  as  far  as 
the  forks  of  the  canal  of  Piernas'  plantation,  twelve  miles  from  its 
mouth.  Its  breadth  is  from  one  hundred  and  ten  to  one  hundred 
and  fifty  yards,  and  it  has  six  feet  water  on  tlie  bar  at  common 
tides,  and  nine  feet  at  spring  tides.  Within  the  bar  there  is,  for  a 
considerable  extent,  sufficient  water  for  vessels  of  from  two  to 
three  hundred  tons.  Its  principal  branch  is  that  which  is  called 
Bayou  Mazant,  which  runs  toward  the  southwest,  and  receives  the 
waters  of  the  canals  of  the  plantations  of  Yillere,  Lacoste  and  La 
Ronde,  on  whioh  the  enemy  established  his  principal  encampment. 
It  was  at  the  ^orks  of  the  Canal  Yilleru  and  Bayou  Mazant  that  the 
British  ascended  in  their  pinnaces,  and  effbct?J  a  landing.*' 

On  the  left  bank  of  this  Bayou  Bienvenu,  a  mile  and 
a  half  from  its  entrance  into  Lake  Borgne,  there  was  a 
village  of  Spanish  and  Italian  fishermen,  who  used, 
through  the  canals  which  1  have  mentioned,  to  bring  fish 
in  their  boats  for  the  market  of  New  Orleans.  General 
Jackson,  having  given  a  general  order  for  the  obstruction 
of  all  the  bayous  below  Manchac,  was  under  the  impres- 
sion that  the  navigation  of  Bayou  Bienvenu  had  been  stop- 
ped. "  This  impoiiiant  service,"  says  Jackson  to  the  Sec- 
retary of  War,  in  his  Report  of  the  27th  of  December,  1814, 
"  was  committed,  in  the  first  instance,  to  a  detachment 
from  the  Seventh  Bc^^iment,  afterward  to  Colonel  de  La 
Ronde  of  the  Louisiana  Militia,  and  lastly,  to  make  all 
sure,  to  Major-General  Viller4,  commanding  the  district 
between  the  river  and  the  lakes,  and  who,  being  a  native 
of  the  country,  was  presumed  to  bs  best  acquainted 
with  all  those  passes."  But,  from  some  unknown 
27 


IM 


Tm\ 


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■v'-ii*; 


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■•i 


i-j^::.i; 


.f  <»-«'^-- 


■M'. 


,i'<  i 


418 


THE   nSIIEBMEN  8   VILLAGE. 


[1814. 


cause,  General  Jackson's  intentions  were  defeated,  and 
be  it  from  the  want  of  time,  or  of  materials,  or  from  neg- 
lect  or  oversight,  it  wa8  veiy  near  producing  the  fall  of 
New  Orleans  into  the  hands  of  the  enemy.  M^jor  Vil- 
ler<^,  however,  the  son  of  the  migor-general  of  that  name, 
who  was  stationed  at  his  father's  plantation  with  a  small 
force,  knowing  that  the  British  were  hovering  on  Lake 
fiorgne,  sent  in  a  boat,  on  the  21st,  a  squad  of  nine 
white  men,  two  mulattoes  and  one  negro,  to  the  village 
of  the  fishermen,  for  the  purpose  of  ascertaining  the 
movements  of  the  enemy.  Unfortunately  these  fisher- 
men had  been  bribed  by  the  British,  to  whom  they  used 
to  carry  all  the  information  they  could  pick  up  in  New 
Orleans,  where  they  were  permitted  to  come  daily  and 
without  suspicion  to  sell  their  fish.  Three  of  them  had 
even  piloted,  on  the  20th  of  December,  a  British  captain 
disguised  like  one  of  them,  as  far  asj;he  bank  of  the  river, 
whose  water  he  boasted  of  having  tasted  with  impunity 
on  that  occasion.  He  had  thus  the  opportunity  of 
making  a  full  8ur7ey  of  that  part  of  the  country,  and,  on 
his  report,  the  commander-in-chief  determined  to  pene- 
trate into  Louisiana  by  Villere's  canal,  the  banks  of 
which  were  found,  at  the  time,  to  afford  a  firm  footing 
for  a  landing-place  in  the  prairie  which  skirts  the  lake, 
and  a  practicable  highway  to  the  river. 

The  village  of  the  fishermen  was  inhabited  by  about 
thirty  men.  When  the  detachment  sent  by  Major  Viller6 
arrived  there  on  the  21st,  they  found  only  one  fisherman, 
who  was  lying  in  bed  from  sickness.  The  rest  were  said 
to  have  gone  away  the  day  before,  in  pursuit  of  theh* 
usual  avocation,  but  in  reality  it  was  to  serve  as  pilots 
to  the  British.  The  eoramander  of  the  detachment  im- 
mediately ordered  a  few  men  to  proceed  to  some  distance 
into  the  lake,  and  ascertain  whether  they  oonld  see  any- 
thing of  the  enemy.    They  reported  that  they  had  ob- 


■^»'  >v.;,'';    i 


'■X 


1814.] 


THE   FIBUERMEn'b   VILLAGE. 


41U 


served  nothing  of  a  suspicious  nature.  A  Rentincl,  how- 
ever, was  posted  at  some  distance  in  advance  of  the  last 
cabin  toward  the  lake  for  the  rest  of  the  night,  which 
was  already  partly  spent.  The  same  vigilance  was  ex- 
ercised during  the  whole  day  of  the  22d ;  at  regular  in- 
tervals, men  were  sent  as  far  as  two  miles  into  the  lake, 
and  they  saw  nothing.  Toward  evening,  three  men 
arrived  in  a  pirogue  from  Ohef  Menteur.  They  had 
traversed  a  considerable  portion  of  the  lake,  and  their 
report  was  that  no  enemy  was  to  be  seen.  That  night  a 
sentinel  was  again  posted  near  the  mouth  of  the  bayou 
in  advance  of  the  cabins.  During  the  preceding  night, 
the  numerous  dogs  that  were  in  the  village  kept  up  an 
incessant  barking  from  some  unknown  cause,  but  during 
the  next  night  not  a  bark  was  heard.  The  reason  was, 
as  discovered  subsequently,  that  the  fisherman  who  pre- 
tended to  be  sick  had  got  up  and  locked  all  the  dogs  in 
one  of  the  cabins.  Some  time  after  midnight  the  sentinel 
heard  a  noise  in  the  direction  of  the  lake ;  he  gave  the 
alarm,  and  the  detachmf^nt  ran  to  their  aims.  At  that 
moment,  the  moon  was  disappcairing  behind  the  horizon, 
but  by  its  last  gleams  they  saw  five  barges  rapidly  ad- 
vancing up  the  bayou  with  glittering  bayonets  and  some 
light  pieces  of  artillery.  The  disproportion  of  numbers 
was  so  great  that  they  feared  to  fire,  and  retreated  for 
concealment  behind  one  of  the  cabins.  As  soon  as  the 
five  barges  had  shot  ahead  of  this  cabin,*  seven  men  of 
the  detachment  jumped  into  a  boat,  to  escape  by  the  lake, 
but  they  were  cut  off  before  they  could  push  the  boat 
from  the  shore.  Then  they  attconpted  with  the  rest  of 
their  companions  to  escape  in  different  other  ways,  but 
they  were,  some  at  the  time,  and  others  in  a  few  hours 
afterward,  all  made  prisoners,  with  the  exception  of  only 

*  LMMikra  LAtPur**  HistorlMl  Memoir,  p.  8B. 


■r ;  •  ■ 


■':^'^:?i: 


■tm:  . 


">    ■     ■f.'.'-^'K'.i'--':  '. 


420 


TREACHERY   OF   FISHERMEN. 


[1814. 


WtTt 


iA:r. 


'*•. 


r-i^'ii-vL^^I; 


Em 


'■"**';■-■■' 


one,  named  Rey,  who,  after  tliree'  clays  of  uncommon 
fatigue,  hardships  and  perils  over  trembling  prairies, 
bayous,  lagoons  and  canebrakes,  arrived  at  the  post  of 
La  Bertonniere  on  the  road  leading  from  Gentilly  to 
Chef  Menteur,  too  late  to  give  timely  information ;  for 
the  battle  of  the  28d  had  already  been  fought. 

Among  the  prisoners  was  the  son  of  a  respectable 
planter,  called  Ducros.  He  was  interrogated  as  to  the 
number  of  troops  in  New  Orleans  and  its  environs.  His 
reply  was,  that  there  were  from  twelve  to  fifteen  thou- 
sand men  in  New  Orleans,  an  i  from  three  to  four  thou- 
sand at  the  English  Turn.  The  other  prisoners  agreed 
in  the  same  statement,  v/hich  seems  to  have  been  the  re- 
sult of  a  preconcerted  understanding  among  them  on  the 
subject.  The  fishermen  had  represented  the  forces  in 
New  Orleans  as  being  insignificant,  but  as  they  were  men 
of  low  character,  very  little  weight  was  attached  to  their 
declarations,  particularly  when  contradicted  by  more  re- 
liable testimony,  according,  besides,  with  the  conjectures 
of  the  British,  which  were  founded  on  what  they  thot^ht 
strong  probabilities.  If  this  picket  had  been  established 
on  the  shore  of  the  lake  itself,  instead  of  its  being  per- 
mitted to  take  more  comfortable  quarters  at  the  fi^ier- 
men's  village  on  the  bayou,  our  men  would  not  probably 
have  been  surprised,  ub  they  would  have  commanded 
a  full  view  of  the  lake.  It  is  also  to  be  regretted  that 
Major  Vili€r6  had  not  posted  several  intermediate  pickets 
between  the  lake  and  his  own  quafters  on  the  river. 
This  omission  was  rendered  more  tatal  by  the  unforeseen 
treachery  of  the  fishermen  and  by  the  failure  to  obstruct 
the  bayou  according  to  ordei-s.  As  it  was,  it  seems  that  a 
sort  of  fatality  was  attached  to  the  spot,  and  militated 
in  favor  of  the  invaders.  It  is  due  to  the  memory  of 
that  high-minded  and  patriotic  gentleman,  Major  Viller^, 


1814.] 


LAl!7DINa   OF  THE  BBTTISH. 


421 


to  state  that  a  court-martial  held  on  the  15th  of  March, 
1815,  acquitted  him  ol*  all  blame,  although  he  did  not 
choose  to  introduce  any  testimony  in  his  favor. 

At  four  o'clock  in  the  morning  of  the  23d,  the  first 
division  of  the  British  troops  under  General  Keane  had  ♦ 
anived  at  the  mouth  of  Viller^'s  Canal,  where  they 
rested  some  hours.  The  forces  which  were  destined  for 
the  attack  of  New  Orleans  liad  been  collecting  at  He 
Aux  Poix,  or  Pea  Island,  at  the  entrance  of  Pearl  River, 
since  the  l7th.  General  Keane's  division,  which  had 
thus  reached  the  mouth  of  Vjllere's  Canal  on  the  morning 
of  the  23d,  had  sailed  the  day  before,  at  10  a.  m.,  from 
lie  Aux  Poix.  From  the  head  of  this  canal  to  ]the 
skirts  of  the  woods  which  lined  the  rear  of  M^jor-Gen- 
eral  VUlere's  plantation,  there  was  about  a  mile,  and 
from  the  skii-ts  of  the  woods  to  the  river  about  two 
miles.  At  about  half-past  eleven  in  the  morning,  the 
British  troops  had  emerged  from  the  woods,  and  a  de- 
tachment headed  by  Colonel  Thornton  had  surrounded 
the  house  of  General  Viller^,  in  which  was  stationed  a 
company  of  militia,  who  were  all  captured,  with  Major 
Viller^  and  another  of  the  General's  son«i ;  but,  a  short 
time  after  his  capture,  the  Mfgor,  with  grciat  presence  of 
mind  and  cool  intrepidity,  availed  himself  of  an  opportu- 1 
nity  to  escape,  and,  jumping  through  a  window,  was 
soon  out  of  the  reach  of  the  enemy,  who  fired  at  him 
many  shots  §8  he  fled,  and  pursued  |iim  hotly  for  a  con- 
siderable distance.  It  was  during  this  pursuit  that  he 
is  reported  to  have  sheltered  himself  in  the  dense  foliage 
of  one  of  those  magnificent  live  oaks  so  common  iM 
Louisiana,  and  an  affecting  anecdote  is  told  of  his  having 
been  compelled,  with  teaaes  in  his  eyes,  to  kill  at  the  foot  of . 
the  protecting  tree  a  favorite  dog  who  had  followed  him 
in  his  flight,  and  w^o  might  have  involuntarily  betrayed 
his  master. 


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422 


JAOESON  MABOHING. 


[1814. 


At  about  2  o'clock  p.  m.  General  Jackson  was  in- 
formed of  the  close  proximity  of  the  enemy  and  of  the 
position  he  had  taken.  With  his  characteristic  eoergy 
and  clearness  of  perception  he  instantly  decided  to  at- 
tack what  he  considered  the  vanguard  of  the  invaders 
and  give  them  no  breflthing-time.  In  half  an  hour  after 
he  had  received  the  information,  he  had  thrown  forward, 
as  fai'  as  Montreuil's  plantation,  one  detachment  of  ai'til- 
lery  with  two  field-pieces,  one  regiment,  the  7th  of  the 
line^  commanded  by  Major  Peire,  and  a  detachment  of 
marines.  Subsequently,  General  Ooflfee,  who  was  in 
command  of  the  Tennessee  mounted  riflemen  encamped 
four  miles  above  the  city,  the  volunteer  dragoons  of 
Mississippi  under  Colonel  Hinds,  and  a  company  of  New 
Orleans  riflemen  under  Captain  Beale^  were  hurried  for- 
ward in  the  direction  of  the  enemy,  and  at  4  oclock  p.  m. 
they  had  taken  a  position  on  the  Rodriguez  Canal.  At 
5  o'clock,  the  battalion  of  men  of  color  under  Major 
Daquin,  the  44th  Regiment  of  the  line  under  Colonel 
Ross,  and  Plauch^'s  battalion  of  uniform  companies, 
composed  of  the  elite  of  the  native  population  of  the 
city,  of  French  origin,  and  of  Frenchmen  who  had  made 
it  their  home,  came  from  Bayou  St.  John  at  a  running 
pace,  and  traversed  the  city  with  the  utmost  eiqjedition, 
while  the  windows  and  balconies  were  lined  with  women, 
children  and  old  men,  who  waved  handkerchiefs,  bestowed 
cheerful  tokens  of  encouragement  with  tears  in  their  eyes, 
and  warmed  the  hearts  of  the  citizen  soldiers  with  all 
the  demonstrations  which  anidous  affection  can  suggest. 
Governor  Claiborne  was  ordered,  with  the  First,  Second, 
and  Fourth  Regiments  of  Louisiana  MUitia,  and  a  volun- 
teer company  of  hor^e,  with  Carroll's  Brigade  of  Tennes- 
seeans,  to  take  a  position  between  the  Colson  and  Dar- 
cantel  plantations,  in  the  plain  of  Gentilly,  in  order  to  cover 
the  city  in  case  of  an  attack  on  the  side  of  Chef  Menteur. 


f.< -^T^^'' -." 


|::;lSi; 


1814.] 


SKIEMISHE8    WITH   THE   ENE31Y. 


423 


^'  In  the  mean  time  the  British  had  been  leisurely  estab- 
lishing their  camp  on  the  bank  of  the  Mississippi.  Out- 
posts and  pickets  were  set  out ;  toward  the  city  a  strong 
detachment  was  thrown  out  on  which  might  fall  back, 
in  case  of  need,  the  advanced  posts  which  had  been 
stationed  behind  fences  and  ditches ;  and  the  Command- 
ing General,  having  established  his  headquarters  in 
General  Viller^'s  house,  before  which  he  placed  in  battery 
the  three  small  cannons  he  had  brought  with  his  division, 
determined  to  wait  for  his  expected  reinforcements,  with 
his  left  resting  on  the  river,  and  his  right  on  the  swamp  and 
forest  from  which  he  had  just  emerged.  About  four  o'clock, 
a  picket  of  five  mounted  riflemen,  belonging  to  the  di*a- 
goons  of  l^eliciana,  who  had  been  sent  to  reconnoitre, 
having  '  r  >ached  the  enemy  with  too  rash  dering,  re- 
ceived ,ii-directed  fire  of  musketry  from  a  British 
outpost  concealed  behind  a  fence  on  the  boundary  of 
Lacoste's  and  Laronde's  plantations,  bjjr  which  they 
had  one  horse  killed  and  two  men  wounded.  Colonel 
Haynes,  with  Hinds'  Mississippi  troop  of  horse,  composed 
of  one  hundred  and  seven  men,  next  made  his  appearance ; 
but,  not  being  able  to  proceed  beyond  the  strong  advance 
which  the  British  had  thrown  forward  on  the  road  to, the 
city,  he  could  not  make  a  correct  estimate  of  the  strength 
of  the  forces  which  had  landed.  It  was  then  that  a 
negro  was  arrested^  who  had  been  sent  by  the  British 
with  printed  copies  of  a  proclamation  in  French  and 
Spanish,  neariy  in  the  following  lines :  ^'  Louisianians, 
remain  quiet  in  your  homes ;  your  slaves  shall  be  pre- 
served to  you,  and  your  property  respected.  We  make 
war  only  against  Americans."  This  was  signed  by  Ad- 
miral Cochrane  and  Major-General  Keane.  The  same 
proclamation  had  been  stuck  up  on  the  fences  all  along 
the  road  below  Laronde's  plantation.*     In  confirma- 

*  Lacarriere  Latour'a  Historical  Memoir,  p.  91. 


WM 


v^'' 


\*'-  ;■ 


~i"' 


.  *"■» 


424 


ATTACK   BY   THE   CAEOLINA. 


[1814. 


m 


!'«i* 


&>¥'■, 


"(j'M."*;; ; 


X*V.>  '^    A'*    '  .'.5  v 


tion  of  their  benevolent  intentions  for  the  native  popula- 
tion!, they  had  b^un  to  make  it  known  by  every  means 
in  their  power  that  they  had  on  beard  of  their  fleet,  as 
a  sort  of  Mends,  guests,  or  spectators  accompanying  the 
expedition,  three  natives  of  Louisiana,  then  officers  in 
the  Spanish  army,  and  whose  names  were  E^gio,  Guille- 
mard  and  Grandpr^. 

At  about  seven  o'clock  p.  m.,  night  having  completely 
sot  in,  a  part  of  the  British  troops,  exhausted  by  fatigue, 
had  lain  down  in  their  bivouacs  in  perfect  confidence 
and  security  •  others  in  the  camp,  and  some  pickets  of 
the  outposts,  had  lighted  up  large  fires,  at  which  they 
were  cooking  their  suppers.  At  that  moment  a  vessel 
made  her  appearance,  gliding  down  the  river  with  the 
cu'-rent.  She  was  frequently  hailed  by  the  British  sen- 
tinels, but  no  answer  was  i^tumed.  It.  was  the  United 
States  armed  schooner  Carolina,  commanded  by  Captain 
Henley,  and  hfmng  on  board  Comm^yuore  Patterson,  who, 
in  obedience  to  the  orders  of  General  Jackson,  had  hur- 
ried from  Bayou  St.  John,  where  he  had  been  examining 
the  batteries  erecting  by  the  navy,  under  Capt.  Henley. 
His  instructions  were  to  anchor  abreast  of  the  enemy's 
camp  and  open  fire  upon  them,  whilst  General  Jackson 
should  attack  them  on  land.  With  the  aid  of  sweeps 
and  a  strong  scope  of  cable  the  ship  sheered  dose  ashore 
at  the  designated  spot,  and  anchored  quietly  and  silently, 
whilst  her  manoeuvres  were  examined  with  wondering 
curiosity  by  about  a  hundred  of  unsuspecting  English- 
men who  had  taken  her  for  a  common  boat  plying  on 
the  Mississippi.  Suddenly  the  stem  and  measui-ed  voice 
of  n^mmand  was  heard,  uttering  distinctly  these  words  : 
"  Now,  boys,  give  it  to  them  for  the  honor  of  America." 
Then  the  vessel  poured  a  heavy  fire  from  her  starboard 
batteries  and  small-arms,  which  was  returned  most  spir- 
itedly by  the  enemy  with  Congreve  rockets  and  mus- 


1814.] 


ATTACK   BY   THE   CABOLINA. 


425 


ketry  from  their  whole  force,  when,  after  about  forty  min 
utes  of  most  incessant  fire,  the  enemy  was  silenced ;  but 
although  it  was  too  dark  to  see  anything  on  shore,*  the 
fire  from  the  ship  was  continued  until  nine  o'clock,  on 
what  was  supposed  to  be  the  enemy's  left  fiank,  whilst 
engaged  with  our  troops,  as  I  shall  presently  describe. 
No  injury  wa*  done  to  the  schooner,  nor  to  any  of  her 
crew,  whilst  it  h  belie\ed  that  the  British  suffered  a  loss 
of  about  a  hundred  mei\  from  her  fire.  It  is  strange  that 
Major-General  Keane,  in  his  report  to  Major-General 
P:ii;kenham,  should  have  stated  that  "  he.  was  attacked 
by  a  large  schooner  and  two  gun-vessels,  which  had  an- 
chored abreast  of  the  fires  of  his  camp."  There  could 
be  no  possibility  of  mistaking  one  ship  for  three,  partic- 
ularly by  so  cool  and  so  brave  a  man  as  Colonel  Thorn- 
ton, who,  "  in  the  most  prompt  and  judicious  manner, 
placed  his  brigade  under  the  inward  slope  of  the  bank 
of  the  river,"  and  by  so  experienced  an  officer  as  Lieuten- 
ant-Colonel Brooke,  who,  "  with  the  4th  Kegiment,  took 
shelter  behind  some  buildings  which  were  near  at  hand." 
General  Keane  adds:  "This  movement  was  so  rapid 
that  the  troops  suffered  no  more  than  one  casualty."  It 
is  fair  to  presume  that  this  statement  was  as  erroneous 
as  th?+-  which  he  made  concerning  the  number  of  the 
attacking  vc««sels. 

"Whilst  this  engagement  was  going  on  betwean  the 
Carolina  and  the  British,  the  land  attack  began  as  it  had 
been  preconcerted,  it  having  been  understood  that  the 
fire  from  the  Oai'olina  was  to  be  the  signal.  At  five 
o'clock,  General  Jackson  had  put  himself  at  the  head  of 
all  his  available  forces,  which,  he  says  in  a  dispatch  to 
the  Secretary  of  War,  "  did  not  exceed  fifteen  hundred 
men,  with  an  artillery  composed  of  only  two  six-pound- 
although  it  appears  that  he  had  in  reality  two 

•  CJommodcre  Pattereon's  dispatch  to  the  Secretaiy  of  the  Navy. 


ers, 


n 


.r.  •'•'?»-t-jJ 


':<;-'^ 


■  WM 


■■-^T--'-- V-   ^:'  V1'-1.'.  •  ■■■ 

'  ';        r  ■  .'  '.*•':  i  '    ''■■■; 

'■■.■'■•■■■•;>' rSi'    - 

v.  .•!■      ■     •i-~-iE".  .J    . 

:;v.  ■■:::/?:  :-i;.;n;(ij,v;r.,  ■ 


3^ 


426 


ATTACK   BY   GENERAL   JACKSON. 


[1814. 


^  V;f  ^'  ■-"■•i> 

.i^T' ?'-.»..»  ■'■•J  >'-' 


thousand  one  bundred  and  thirty-one  men,  of  whom 
about  eighteen  hundred  were  engaged.  *  At  seven 
o'clock,  General  Jackson  had  arrived  near  the  enemy's 
encampment,  which  he  estimated  at  three  thousand 
strong,  drawn  up  in  echelons  half  a  mile  on  the  river 
bank,  and  extending  their  right  wing  nearly  to  the 
woods.  The  American  General  immediately  made  his 
dispositions  to  attack.  He  ordered  General  Coffee,  who 
had  about  six  hundred  men  under  his  command,  to  turn 
the  British  right,  whilst  with  the  residue  of  his  force  he 
would  attack  his  left  near  the  river,  which  was  his 
strongest  position.  Colonel  De  Laronde,  the  owner  of 
the  plantation  on  which  our  troops  were  formed,  and 
who  therefore  knew  every  inch  of  the  ground,  was  or- 
dered by  General  Jackson  to  accompany  General  Coffee 
as  a  guide.  Colonel  Piatt,  quartermaster^general,  with 
a  company  of  the  Seventh  Regiment,  jcommanded  by  lieu- 
tenant McKlelland,  was  the  first  to  drive  the  enemy's 
outposts  on  the  high  road  near  the  river ;  but  the  Brit- 
ish having  i-eceived  reinforcements,  and  being  now  about 
three  hundred  strong,  resumed  their  former  position,  and 
kept  up  a  brisk  fire  of  musketry  against  our  detachment, 
who  as  briskly  returned  it.  Colonel  Piatt  received  a 
wound  in  the  leg,  Lieutenfmt  McKielland  and  a  sergeant 
were  killed,  and  a  few  privates  wounded.  In  the  mean 
time,  the  Seventh  Regiment  of  the  line,  coming  to  the 
support  of  the  corps  thus  engaged,  had  advanced  by 
heads  of  companies,  parallel  to  the  right  resting  on  the 
high  road  near  the  river,  until  within  one  hundred  and 
fifty  yards,  where  it  formed  in  battalion  before  the  enemy, 
with  whom  it  instantly  exchanged  a  very  brisk  and 
close  fire.f  The  Forty-fourth  came  up  at  the  same  time, 
formed  on  the  left  of  the  Seventh,  which  had  begun  the 

•  Latour's  Historical  Memoir,  p.  106. 
f  Latour's  Historical  Memoir,  p.  06. 


*•-».« 


1814,] 


BATTLE  OT  THE   23d  DECEMBEB. 


427 


action,  and,  an  the  right  of  the  artUlery,  the  marines  were 
drawn  up  on  the  river  bank.  The  engagement  now  be- 
came general  on  both  sides. 

The  enemy,  seeing  that  he  could  not  make  our  troops 
give  way,  attempted  to  flank  ns  on  our  left  about  three 
hundred  yards  fix)m  the  liver,  and  the  Forty-fourth,  com- 
manded by  Captain  Baker,  had  already  begun  to  oblique 
to  meet  the  flanking  column  of  the  enemy,  when  Major 
Plauch^'s  battalion,  with  M^jor  Daquin^s  battalion  of 
colored  men,  and  a  piiall  number  of  Indians  under  Cap- 
tain Juzan,  advauced  to  meet  the  movement  of  the  Brit- 
ish, with  their  right  a  little  in  the  rear  of  the  Forty-fourth, 
and  their  left  resting  on  the  angle  of  Laronde's  garden. 
The  eneniy's  colunm,  which  had  advanced  silently  in  the 
dai'k  to  flank  the  Fo^v^-r^orth,  almost  stumbled  within 
pistol-shot  on  the  extremity  of  Daquin's  battalion,  and 
instantly  a  well-sustained  fire  began,  and  was  warmly 
kept  up  on  both  sides.  Plauch^^s  battalion,  which  was 
now  between  the  Forty-fourth  and  Daquin^s  coloi^  men, 
and  therefore  forming  the  centre,  advanced  in  close  col- 
umn and  deployed  under  the  enemy's  flie,  which  ex- 
tended along  our  whole  front  from  the  bank  of  the  river 
to  Laronde's  garden,  where  it  formed  a  kind  of  angle  or 
curve,  on  account  of  the  attempted  flanking  movement. 
At  this  moment  some  confusion  occurred,  because  some 
of  the  men  of  Plauch4's  battalion  mistook  the  Forty- 
fourth  for  the  English,  and  flred  into  them,  but  the  dis- 
order was  iioon  repaired  and  already  were  our  troops, 
carried  away  by  their  martial  enthusiasm,  clamoring 
from  rank  to  rank  to  charge  vrith  the  bayonet,  and  al- 
ready was  Planch^  giving  the  desired  order,  when  it  was 
countermanded  by  Colonel  Ross,  who  had  the  superior 
command  of  the  two  battalions,  and  who  inopportunely 
came  up  in  time  to  check  this  able  and  judicious  ma- 
noeuvre.   Had  it  been  made  j  had  Plauch^'s  battalion 


}^: 


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428 


BATTLE  OF   THE    23d   DECEMBEB. 


[1814. 


advanced  to  tho  cLarge,  observes  a  competent  military 
critic,*  the  enemy's  retreat  would  have  been  cut  off  on 
his  right,  aid  he  would  have  been  completely  sur- 
rounded by  General  Coffee's  biigade,  which  was  advanc- 
ing in  his  rear,  by  PlauchiVs  battalion  on  his  left,  Da- 
quln's  in  front,  and  Laronde's  great  hedge  of  orange-treea 
on  the  right ;  so  that  most  of  that  column  would  have 
been  compelled  to  lay  down  their  arms.  As  it  w&s,  the 
enemy  gradually  gave  way,  and  retired  in  safety,  favored 
by  the  darkness  which  was  incref  r^ed  by  a  rising  fog, 
and  the  smoke  which  a  light  breeze  blew  full  in  the 
face  of  our  men.  The  British  must  have  retreated  with 
the  conviction  that  their  hopes  of  neutrality  on  the  part 
of  the  French  and  of  the  natives  of  Louisiana  were  en- 
tirely frustrated,  for  they  heai'd  everywhere,  during  the 
engagement,  the  French  words  of  command  with  which 
they  had  become  so  familiar  on  the  European  battle-fields. 
Whilst  this  was  going  on,  our  two  six-pounders  had 
been  playing  successfully  upon  the  British,  who  attempt- 
ed to  seize  them ;  but  the  marines  rushed  to  the  rescue 
on  the  right,  and  a  close  and  rapid  fire  from  the  Seventh 
of  the  line,  on  the  left,  effectually  kept  them  off.  It 
was,  however,  a  critical  moment,  for  the  British  attacked 
with  their  usual  impetuous  gallantry.  But  General 
Jackson  in  person,  in  advance  of  all  who  were  near 
him,  within  pistol-shot  of  the  enemy,  in  the  midst  of  a 
shower  of  bullets,  was  spiriting  and  urging  on  the  ma- 
rines and  the  men  of  the  Seventh.  Animated  by  such  a 
voice,  and  with  such  an  example  before  their  eyes,  our 
men  could  not  J'";, act  heroically,  and  the  enemy's  charge 
on  the  artUlfii"  ,  :  repulsed  with  a  heavy  loss  on  his 
side. 

While  sucii  were  the  operations  on  our  right.  General 
Coffee's  Division  on  our  left  had  attempted  to  execute 

*  Latour's  Memoir,  p.  110. 


'j^*:;? 


y-i^; 


1814. 

L 

itary 
iff  on 
8ur- 
Lvanc- 
,,  Da- 
j-treea 
.  have 
IS,  the 
ivored 

ig  fog» 
in  the 

d  witli 

le  part 

ere  en- 

ing  the 

,  which 

e-fields. 

jra  had 

ittempt- 
rescue 
venth 

off.  It 
tacked 
General 
3re  near 
ist  of  a 
the  ma- 

sucli  a 
eyes,  our 
s  charge 

on  his 

General 
execute 


5e 


1814.] 


BATTLE  OF  THE  23d  DECEMBER. 


429 


the  movement  of  flanking  the  enemy's  right  near  the 
woods  and  swamp.  Arriving  at  a  ditch  and  a  fence 
separating  Laronde's  plantation  from  Lacoste's,  on  his 
way  to  Viller^'s  plantation  on  which  Keane  had  estab- 
lished his  camp,  and  which  was  next  to  Laronde's,  Gen- 
eral Coffee  ordered  his  riflemen  to  dismount,  and  left 
one  hundred  of  them  to  take  care  of  the  horses  and  have 
them  ready  when  wanted.  He  then  with  the  rest  of  his 
ti-oops  pushed  forward,  followed  by  Oapt.  Beale's  Or- 
leans Ri(lem(;n,  and  by  the  Mississippi  dragoons  under 
Hinds,  numbering  one  hundred  and  seven  men.  But 
this  detachment  of  cavalry,  finding  that  it  was  impossi- 
ble for  them  to  manoeuvre  in  fields  cut  up  with  ditches 
at  very  close  intervals,  remained  drawn  up  on  the  edge 
of  a  ditch  in  the  middle  of  Lacoste's  plantation.  Cof- 
fee moved  on  rapidly  after  having  ordered  his  men  to 
advance  in  profound  silence,  and  to  fire  without  order, 
taking  deliberate  aim  with  their  utmost  skill.  He  knew 
from  experience  what  that  skill  was,  and  what  destruc- 
tion it  would  produce.  He  briskly  drove  the  enemy's 
outposts  before  him  until  he  met  the  Eighty-fifbh  drawn 
up  on  Lacoste's  plantation,  but  on  the  first  fire  of  the 
Tennesseeans,  that  regiment  fell  back  toward  their  camp 
behind  an  old  levee  near  the  river.  About  that  time 
General  Coffee  discovered  that  several  parties  of  the 
enemy  wei*e  posted  among  Lacoste's  negro  huts,  and 
ordered  his  men  to  drive  them  out,  which  was  soon 
effected.  These  negro  huts  long  exhibited  evident  proofs 
of  the  unerring  aim  of  the  gallant  Tennesseeans.  In  one 
spot  particularly  were  Been  half  a  dozen  marks  of  their 
balls  in  a  diameter  of  four  inches,  which  w^re  jHrobably 
all  fired  at  the  same  object.  Some  British  soldiers 
were  killed  or  taken  prisoners  in  endeavoring  to  es- 
cap<  toward  the  ^voods,  in  a  diredion  opja^site  to 
their  camp ;   "  so  true  was  it,"  as  observed  by  Major 


..-11 


:,  »  If  .^.tfifii  .'•■■'  •  • 

,   -,/..'  •••.'."■.-'ji*'*  ; 


'.■■f-  ■ 


■  .-  ■',■■»>■.■ ' 


.  f  ..  , 

■»; 

» 

^ 

¥. 

1 

r- . 

>...■■" 

'/.  • 

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430 


BAITLE  OF  THE  28d  DECEMBER. 


[1814. 


'■■2h  ■■■■' 


■JM-'       .*' 


S'sKlv, 


% 


t7  7  V  >i :. 


Latour,  "  that  the  British  troops  were  struck  with  con- 
sternation on  being  attacked  in  so  vigorous,  judicious 
and  unexpected  a  manner."  Captain  Beale's  Riflemen, 
having  become  separated  from  Coffee's  Division,  ad- 
vanced within  Viller6's  plantation,  penetrated  into  the 
very  camp  of  the  enemy,  and  after  having  made  several 
prisoners,  woie  attempting  to  rejoin  General  Coffee, 
whose  movement  had  been  steady  from  our  left  to 
our  right,  when  unfortunately,  through  a  mistake 
OT«ing  to  the  darkness  of  the  night,  some  of  these 
intrepid  men  fell  among  a  strong  body  of  British  troops 
who  were  just  arriving  from  the  Lake,  and  moving  rap- 
idly from  the  woods  toward  their  camp.  They  took 
those  troops  for  Coffee's  Division,  and  were  captureu. 
The  rest  of  the  company  had  succeeded  in  retreating  to 
our  lines  with  several  prisoners.* 

General  Coffee's  Division  was  -now  maintaining  its 
position  in  ftvnt  of  the  old  levee  on  Lacoste's  planta- 
tion, where  it  continued  to  keep  up  a  galling  and  well- 
directed  fire  on  the  troops  it  had  driven  toward  the 
river,  and  which  it  thus  exposed  to  the  fire  of  the  Caro- 
lina It  was  half  after  nine  o'clock,  and  the  enemy, 
who  certainly  had  got  the  worst  of  the  battle,  finding 
his  position,  if  not  untenable,  at  least  dangerous,  fell 
back  to  his  camp  on  Viller^'s  plantation,  where  he  passed 
the  night  under  arms  and  vnthout  fire.  General  Coffee, 
aware  of  the  retreat  of  the  enemy,  and  thinking  it  prudent 
not  to  remain  in  a  position  whidi  ex})OBed  him  to  the 
broadsides  of  the  Carolina,  when,  owing  to  the  dark- 
ness, friends  could  not  be  distinguished  frr»r^  foes,  fell 
back  also,  and  took  a  position  for  the  night  in  front  of 
Laronde^s  garden,  on  the  left  of  the  other  troops.  When 
this  engagement  began  on  the  plain  extending  from  the 
river  t^he  swamp,  the  second  division  of  British  troops 

*  Latonr's  MeUolrs,  p.  99. 


[1814. 

I  con- 
icious 
emen, 
a,  ad- 
bo  the 
everal 
Coffee, 
left  to 
aistake 
:   these 
troops 
ng  rap- 
»v  took 
iptureu. 
ating  to 

ning  its 
,  planta- 
ad  well- 
rai'd  the 
;he  Caro- 
5  enemy, 
!,  finding 
rous,  fell 
le  passed 
a  Coffee, 
.  prudent 
|m  to  the 
the  dark- 
foes,  fell 
front  of 
)8.  When 
from  the 
[ish  troops 


1814.] 


BATTLE   OF  THE   2dD   DECEMBER. 


were  omving  at  the  fishermen's  village.  They  were 
disembarking,  when  they  heard  the  firing  which  an- 
nounced to  them  that  their  first  division  was  engaged. 
Admirals  Cochrane  and  Malcolm,  who  we'.e  present, 
hurried  the  disembarkation  of  the  troops,  and  pushed 
them  forward  with  such  rapidity  that,  in  less  than  an 
hour,  a  considerable  portion  of  them  had  reached  the 
scene  of  action,  in  which  they  were  enabled  to  take  an 
active  part.  Although  thus  reinforced,  the  enemy,  after 
retreating  to  their  camp,  were  very  much  alarmed  at 
the  prospect  of  being  cut  off  from  the  on]y  communica- 
tion they  had  through  Viller^'s  canal  with  their  fleet, 
and  took  every  precaution  to  prevent  such  a  disaster. 
Such  were  their  apprehensions,*  that  they  posted  double 
lines  of  sentries,  so  that,  in  walking  in  a  contrary  direc- 
tion, they  met  and  crossed  each  other. 

In  this  battle  the  British  artillery  consisted  only  of 
two  three-pounders.  They  went  into  it  with  about 
eighteen  hundred  men^  but  with  the  reinforcements 
which  they  received  before  it  was  over,  the  British  force 
engaged  may  be  estimated  at  two  thousand  five  hundred 
men.  There  was  little  method  or  system  observed  in  the 
course  of  this  action,  on  account  of  the  obscurity  of  the 
night  and  the  nature  of  the  ground,  which  was  intersected 
with  ditches  and  fences.  The  difficulty  on  the  part  of 
the  combatants  to  ascertain  their  respective  positions 
naturaUy  produced  a  good  deal  of  confusion.  There 
could  not  be  any  concert  of  action ;  detachments  and 
small  bodies  of  men,  being  accidentally  separated  from 
the  larger  corps  they  belonged  to,  acted  for  themselves 
according  to  circumstances.  It  was  a  series  of  duels 
between  regiments,  battalions,  companieti,  squads,  and 
even  single  men.    There  was  a  great  deal  of  hanC  lo- 

*  Latou'i  Memdr,  p,  100. 


■  J- «.<■,,(■  ■Tfi  r- 


t?i'>¥</- 


■.:^'- 


.(ill* 


'^JH-i'r^ 


■If*  ■ 


'■^Hf: 


-^.'-:ri 


432 


BATTLE  OF  THE  28d  DEOEMBEU. 


[1814. 


'«<».'?  I 


ni- 


ifc- 


hand  fighting,  and  much  individual  proweHs  was  diu- 
j>layed.  In  such  a  mUee  many  a  lamentable  mistake 
was  made,  and  iriends  fired  at  friends  on  repeated  occa- 
sions. Major-General  Keane,  in  his  report  of  the  2Cth 
December  to  the  Commander-in-Chief,  Sir  Ed\^.u*d 
Packenham,  says,  particularly  in  relation  to  the  conflict 
between  his  troops  and  Coffee's  Tennesseeans  and  Bealo'n 
Orleans  Riflemen :  "  A  more  extraordinary  conflict  haw 
perhaps  never  occurred  ;  absolutely  hand-to-hand,  both 
officers  and  men."  He  erroneously  estimates  Gen- 
eral Jackson's  forces  in  the  battle  at  five  thousand 
men,  which  may  be  accounted  for  on  the  ground  that  the 
British  took  every  uniform  company  of  the  Louisiana 
militia  for  a  battalion,  as  each  of  them  wore  a  different 
unifoiTn.  But  another  error  which  cannot  be  so  easily 
explained  is,  that  he  claimed  to  have  remained  master 
of  the  battle-fleld ;  which  is  not.  the  truth.  General 
Jackson,  with  much  more  correctness,  says  in  his 
report  to  the  Secretary  of  War  dated  on  the  27th 
of  December :  "  Thei-e  can  be  but  little  doubt  that 
we  should  have  succeeded,  on  that  occasion,  with  our  in- 
ferior force,  in  destroying  or  capturing  the  enemy,  had 
not  a  thick  fog  which  rose  about  eight  o'clock  occasion- 
ed some  confusion  among  the  different  corps.  Fearing 
the  consequences,  under  this  circumstance,  of  the  further 
prosecution  of  the  night  attack  with  troops  then  acting 
together  for  the  first  time,  I  contented  myself  with  lying 
on  the  field  that  night."  The  fact  is  that  General 
Keane's  repoH  is  written  with  remarkable  inacoui'acy,  for 
he  states  that  the  battle  began  at  eight  and  ended  at 
twelve,  whilst  it  is  beyond  doubt  that  it  began  at  seven 
and  was  entirely  over  at  half-past  nine.  The  time  of  its 
duration,  according  to  his  statement,  is  as  apocryphal  as 
the  \'ictory  he  claims.  The  loss  of  the  enemy  in  this 
affair  was  about  four  hundred.    Ours  was  24  killed, 


.P 


,:i,■^V 


.'-"' 


;i8i4. 

(lis- 
iStake 


ouftict 

Lct  ha» 

\,  l)otli 

i  Geii- 

lousand 

;hat  tbe 

>\usit*na 

liffereTit 

\o  easily 

I  master 

General 

in    his 

lie  27tli 
ibt  tliat 

|b  oar  in- 
jmy,  had 
occasion- 
Fearing 
le  farther 
[en  acting 

ith  lying 
General 

[uracy,  for 

ended  at 

at  seven 

[ime  of  its 

•ryphal  as 

ly  in  this 

1 24  killed, 


1614.  J 


jaokson's  beport. 


433 


115  wounded,  officers  included,  and  74  prisoners'— in  ail 
213.  The  death  of  Colonel  Lauderdale,  of  General 
Codec's  brigade  of  mounted  riflemen,  was  particularly 
regretted.  He  fell  at  the  post  of  honor,  leaving  the 
reputation  of  a  brave  and  accomplished  officer. 

In  his  official  report  on  this  battle,  General  Jackson 
uses  the  following  language : 

"In  this  afiair  the  whole  corpH  under  my  coramaud  d^gcrve  the 
greatest  credit.  The  best  compliment  I  can  pay  to  General  Coffee 
and  his  brigade,  is  to  say,  they  behaved  as  they  have  always  done 
while  under  my  command.  The  7th,  led  by  M^or  Peire^  and  the 
44th,  commanded  by  Colonel  Ross,  distinguished  themselvos.  The 
battalion  of'  city  militia,  commanded  by  M^or  Pluuchu,  realized 
my  anticipations,  and  behaved  like  veterans ;  Savary's  volunteers 
manifested  great  bravery ;  and  the  company  of  city  riflemen,  ha  • 
ing  penetrated  into  the  midst  of  the  enemy's  camp,  were  surroun  i- 
ed,  and  fought  their  way  out  with  the  greatest  heroinm,  bringing 
with  them  a  number  of  prisoners.  The  two  field-pieces  were  well 
served  by  the  officer  commanding  them. 

"  All  my  officers  in  the  line  did  their  duty,  and  I  have  every 
reason  to  be  satisfied  with  the  whole  of  my  field  and  staff.  Colo- 
nels'Butler  and  Piatt,  and  Major  Chotard,  by  their  intrepidity, 
saved  the  artillery.  Colonel  Haynes  was  everywhere  that  duty  or 
danger  called.  I  was  deprived  of  the.  services  of  one  of  my  aids. 
Captain  Butler,  whom  I  was  obliged  to  station,  to  his  great  regret, 
in  town.  Captain  Reid,  my  other  aid,  and  Messrs.  Livingston, 
Duplessis  and  Davesac,  who  had  volunteered  their  m"  ,?.oes,  faced 
danger  wherever  it  was  to  be  met,  and  carried  my  ovul  /s  with  the 
utmost  promptitude.  Colonel  De  Laronde,  Major  Yilleru  of  the 
Loubiana  militia,  Miyor  Latour  of  Engin  <)rs,  havmg  no  command, 
volunteered  their  services,  as  did  Drs.  Kerr  and  Flood,  and  were 
of  great  assistance  to  me." 

A  detachment  of  the  LouislAna  drafted  militia,  three 
hundred  and  fifty  men  strong;  under  the  command  of 
Brigadier-General  David  Morgan,  was  posted  at  the 
.  English  Turn,  below  Yiller^'s  plantation.  It  wm  ftbout 
0L3  o'clock  in  the  afternoon  when  they  became  aware  of 
the  appearance  of  the  British  on  the  h&tk  of  the  river, 
28 


■■■■       *     •%Vf!'i-    1 


■•■■■  rfe^Mi 


V/*f' 


•f,": 


.  ...-   « »',' 


'.,  '•'• 


«:«■ 

BS^ 

KB 

m||^H 

Is 

Ik 

n^K' 

BBUR: 

•4:'?j;;ir 


;j§4 


GENEBAL  D.   MOBaAN'S   COBPS. 


[1814. 


one  hour  sooner  than  the  news  reached  General  Jackson. 
The  men  ran  to  their  arms,  and  both  privates  and  offi- 
cers were  clamorous  to  be  led  to  meet  the  foe.  But 
General  Morgan,  in  the  absence  of  orders  from  head- 
quarters, and  acting  under  the  impression  that  it  would 
be  better  to  wait  for  some  indication  of  what  General 
Jackson  intended  to  do,  refiised  to  gratiiy  the  importuni- 
ties of  his  subordinates,  whose  impatience  at  their  inac- 
tivity increased  every  hour.  But  when  they  heard  the 
roar  of  the  artilleiy  and  the  discharges  of  the  musketry, 
it  became  impossible  to  restrain  their  ardor  any  longer, 
and  the  consent  of  General  Morgan  to  their  marching 
instantly  was  hailed  with  universal  acclamation.  Full 
of  enthusiasm^  they  pushed  forward  so  rapidly,  that  the 
action  was  at  the  hottest  when  they  ai  rived  at  the  spot 

.where  the  road  which  leads  to  Terre aux  Boeufs  diverges 
from  the  one  which  runs  along  the  bank  of  the  river, 
and  they  continued  to  advance,  preceded  by  two  pickets, 
the  one  on  the  high  road,  and  the  other  in  the  fields  near 

^.the  woods.  On  reaching  Jumonville's  plantation,  which 
preceded  Viller^'s  plantation,  our  pickets  which  were 
coming  up  on  the  high  road  fired  at  a  party  of  the 
enemy  posted  at  a  bridge  thrown  6ver  a  canal  running 
perpen^iculariy  to  the  road.  The  British,  after  having 
returned  the  fii*e,  retired  behind  the  canal.  It  was  now 
half-past  eleven,  and  the  battle  between  Jackson's  foxces 
and  Keane's  had  ceased  for  two  hours.     Vain  efforts 

'were  made  to  reconnoitre,  and  to  ascertain  the  strength 
of  the  enemy.  The  obscurity  of  the  night  was  such,  and 
the  danger  of  falling  into  some  ambuscade  was  so  probable, 
that  General  Morgan  ordered  his  battalion  to  take  a  po- 
sition in  a  neighboring  field,  where  it  remained  until 
about  three  the  next  morning,  when  General  Morgan 
held  a  council  of  war,  in  which  it  wa>s  deemed  expedient 
by  "the  officers,  on  account  of  their  ignorance  of  what 


;#-' 


'* 


x9 


kson. 
I  ofii- 
But 
head- 
ivould 
eneral 
jrtiim- 
T  inac-   • 
rd  tlie 
sketry, 
longer, 
etrcbing 
.    Ml 
;liat  the 
the  spot 
iiverges 
be  river, 
pick^B, 
>ld8  near 
|n,  which 
ich  were 
of  the 


1814.] 


OENSBAL   D.    MOBOAN's   COBPS. 


435 


had  become  of  our  main  forces  under  General  Jacksbn, 
to  retreat  to  their  former  position  at  the  English  Turn, 
where  they  arrivet!  early  on  the  morning  of  the  24th, 
after  fatiguing  marches  through  mud  and  darkness.  Sev- 
eral soldiers  belong^  ig  to  this  battalion,  who  had  just 
left  the  hospital  to  march  against  the  enemy,  had  been 
obliged  to  remain  behind  from  exhaustion,  when  the 
battalion  retreated.  At  daybreak  they  could  recon- 
noitre to  some  extent,  and  on  their  return  they  reported 
that  in  the  same  field  in  which  the  battalion  had  formed 
in  the  night,  there  was,  within  a  short  distance,  a  British 
corps  of  six  hundred  men,*  who,  probably  thinking  the 
Americans  stron^Jer  than  they  were,"  had  not  dared  to 
attack  them. 

The  discharges  of  artillery  and  musketry  were  as  dis- 
tinctlv  heard  in  New  Orleans,  whilst  the  battle  was 
going  on,  as  if  the  event  had  taken  place  in  its  suburbs. 
Describing  the  condition  of  the  city  during  this  period 
of  suspense  and  anxiety,  Judge  Martin,  who  witnesse^J 
all  that  occurred,  who,  in  hid  History  of  Louisiana,  does 
full  justice  to  the  patriotism  displayed  by  the  State  dur- 
ing the  invasion,  and  who  treats  with  much  asperity  the 
attitude  which,  five  days  after  the  battle  of  the  23d, 
General  Jackson  assumed  toward  the  Legislatui%,  says : 

''A  report  was  spread  that  Jackson,  before  his  departure, had 
taken  measures  and  given  positive  orders  for  blowing  up  the  mag- 
azine and  setting  fira  to  various  parts  of  the  city,  in  case  the 
British  succeeded  in  forcing  his  ranks.  His  conduct  in  this  respect 
was  considered  by  some  as  an  evidence  of  his  deeming  his  defeat 
a  probable  event.  The  old  inhabitants,  who  had  great  confidence 
in  the  natural  obstacles  which  the  situation  of  the  capital  presents 
to  an  iuvadLig  foe,  and  which  they  thought  insurmountable  if 
pr.^  ,:'  attention  was  bestowed,  concluded  that  it  had  been  neg- 
lected. They  lamented  that  the  protection  of  the  city  had  been 
confided  to  an  utter  stranger  to  the  topography  of  its  environs, 

*  Latonr*!  Memoir,  p.  19B. 


mm 


I     ■■:?  '^' L  •*■■' fiV*' wt  i  '1 


»yr'T-- 


It 


¥i: 


r.*\: 


•■'^> 


;  V 


■\j 


''■^'' 


.'f>' 


'^ 


•^ 


^■^ 


EXCITEMEirr   IN   WRW   0BLEAN8. 


[1^1 4. 


and  while  frequent  explosions  of  musketry  and  artillery  reminded 
them  that  their  sons  were  facing  warlike  soldiers,  they  grieved  that 
the  commander  was  an  officer  who,  in  the  jbeginning  of  the  year, 
had  hardly  ever  met  any  but  an  Indian  enemy,  and  whose  inexpe- 
rience appeared  demonstrated  by  the  rash  step  attributed  to  him. 
The  truth  or  falsity  of  the  report  was  sought  to  be  ascertained  by 
an  application  to  the  officer  left  in  command  at  the  city,  who  de- 
clined  to  admit  or  deny  t^at  the  steps  had  been  taken,  or  the  order 
given. 

"  A  circumstance  tended  to  present  the  conflagration  of  New 
Orleans  as  a  more  distressing  event  than  that  of  Moscow.  The 
burning  of  the  houses  of  sevei^l  planters  above  the  city,  in  1811, 
was  remembered,  and  apprehensions  had  been  entertained  that 
British  emissaries  would  be  ready,  a  short  time  before  the  main 
attack,  to  induce  the  slaves  toward  Baton  Rouge,  or  Donaldson- 
ville,  to  begin  the  conflagration  of  their  owners'  houses,  and  march 
toward  the  city,  spreading  terror,  dismay,  fire  and  slaughter ;  and 
a  dread  prevailed  that  Jackson's  firing  of  the  city  would  be  taken 
by  them  for  the  signal  at  which  they  were  to  begin  the  havoc,  even 
in  case  their  apprehensions  from  Briti6h.i,emissarieB  were  ground- 
less. The  idea  of  thus  finding  themselves  with  their  wives,  chil- 
dren, and  old  men  driven  by  the  flames  of  their  houses  toward  a 
black  enemy  bringing  dqwn  destruction,  harrowed  up  the  minds 
of  the  inhabitants.  Persons,  however,  who  hourly  came  up  from 
the  field  of  battle,  brought  from  time  to  time  such  information  as 
gradually  dispelled  these  alarms,  and  in  the  morning  a  sense  of  pre- 
sent safety  inspired  quite  different  sensations,  and  the  accounts 
which  were  received  of  Jackson's  cool,  intrepid,  and  soldierlike 
behavior  fexcited  universal  admiration." 


r.  ■t^«'■jwfRS£■    A'        ■■•■ 


4^ 


If  tliis  is  the  truth;  if  General  Jackson  was  informed, 
as  he  must  have  been  by  those  who  were  thjought  to  be 
interested  in  prejudicing  his  mind,  that  while  he  was 
confronting  the  enemy,  and  doing  his  best  to  save  New 
Orleans  from  the  direful  calamity  with  which  it  was 
threatt^ned,  his  conduct  was  considered  by  "  some"  in  the 
city  "  as  an  evidence  of  his  deeming  his  defeat  a  probable 
event ;"  and  that  the  old  inhabitants  had  come  to  the 
conclusion  "  that  he  did  not  know  how  to  avail  himself 
of  the  naturally  insurmountable  obstacles  which  the  cap 


1814. 


)f  New 
V.    The 
in  1811, 
ed  that 
he  main 
naldson- 
id  march 
ter;  and 
he  taken 
voc,  even 
I  ground- 
ives,  ohil- 
towarda 
le  minds 
up  from 
[nation  as 

aseofpre- 
accounts 
fcoldierUke 


nformed, 
^ht  to  "be 

lie  was 
ave  New 

it  was 
ic'^  in  the 
probable 
Le  to  the 

Hmself 

the  cap- 


1814.] 


• 


EEFLECTIOJSfS. 


437 


ital  offered  to  an  invading  foe ;"  if  they  lamented  that  the 
protection  of  the  city  "  had  been  confided  to  an  utter 
stranger  to  the  topography  of  its  environs;"  if,  while  fre- 
quent explosions,,  of  musketry  and  artillery  reminded 
them  that  their  sons  were  facing  warlike  soldiers,  "  they 
grieved  that  their  commander  was  an  officer  who,  in  the 
beginning  of  the  year,  had  hardly  met  any  but  an  Indian 
enemy,  and  whose  inexperience  ajf^eared  demonstrated 
by  the  rash  step  attributed  to  him,"  in  ordering  the 
burning  of  the  city,  is  it  not  to  be  supposed  that,  in  this 
convulsive  state  of  terror  and  distnist,  those  who  thus 
suffered  in  mind  may  have  used  imprudent  expressions, 
and  been  betraye^  into  the  uttering  of  sentiments  liable 
to  misconstructions,  which,  being  reported  to  General 
Jackson  with  the  usual  exaggerations  in  such  cases,  may 
have  produced  an  impression  that  explains  what  he 
did  subsequently,  much  to  the*mortification  and*  resent- 
ment of  those  for  whom  it  was  perhaps  but  too  natural 
that  they  should  not  be  able  to  take  a  dispassionate 
view  of  the  whole  question? 

We  must  also  bear  in  mind  that  an  application  was 
made  to  the  officer  left  in  command  of  the  city,  at  the 
time  when  the  issue  of  the  battle  was  doubtful,  to  ascer- 
tain what  orders  the  commander-in-chief  had  given  him. 
That  officer  very  properly  refused  to  reply  to  such  in- 
quiries. Who  took  such  an  extraordinary  step  ?  Could 
they  be  others  than  citizens  of  note  and  influenc**  ?  Were 
they  members  of  the  Legislature,  although  acting  in  an 
unofficial  capacity  ?  Judge  Martin  does  not  say.  What 
could  be  the  object,  when  the  battle  was  going  on,  in 
thus  attempting  to  ferret  out  the  orders  left  by  General 
Jackson  with  the  commanding  officer  in  the  city  ?  Was 
it  to  facilitate  those  orders  ?  Was  it  to  obstruct  them  ? 
However  pa)fcriotic  or  guiltless  the  intention  was,  the  act 
itself  was  highly  injudicious ;  it  was  probably  the  mere 


?# 


£>' 


■J  ■    A^.-f''2^if''' "  t 


■^^2-^.X^ 


y.'ji 


wm 


'■./■■ 


483: 


REFLECTIONS. 


[1814. 


i:> 


consequence  of  extreme  fear.  If  these  facts  were  report- 
ed  to  General  Jackson,  they  certainly  must  haive  pro- 
duced an  unpleasant  impression,  and  njay  have  revived 
some  of  those  suspicions  which  he  hadaisfortunatelj  en- 
tertained, and  whi'^h  see  n*  i  lately  to  have  entirely  died 
away,  although  he  mut.  have  made  a  large  allowance 
for  the  thoughtlessness  and  imprudence  of  minds  "  har-. 
lowed  up  by  the  recollection  of  the  burning  of  Moscow," 
by  the  apprehensions  of  a  worse  fate  in  consequence  of 
a  negro  insurrection,  or  by  the  prospect  of  a  Saragoza 
conflict  from  street  to  street  in  New  Orleans,  and  of  the 
horrors  which  might  be  perpetrated  by  an  infuriated  foe. 
All  these  circumstances  we  shall  haven^to  take  into  con- 
sideration, when  we  shall  relate  and  appreciate,  like  an 
honest  and  truthful  historian,  an  event  which  has  pro- 
m  duced  so  deep  a  feeling  of  resentment  that,  to  the  present 
day,  a  t^e  of  anger  frequently  pervades  the  pages  of 
g.  history  when  treating  of  the  subject.  We  shall  endeav- 
^  or  to  divest  ourself  of  all  passion  and  to  do  pober  jus- 
tice to  all  parties.  ■  ^ 

Well,  however,  might  the  citizens  of  New  Orleans  on 
the  next  morning  feel  their  alarms  of  the  preceding  night 
"  gradually  dispelled ;"  well  might,  when  rose  the  sun  of 
the  24th,  "a  sense  of  safety  have  inspired  them  with 
quite  different  sensations;"  well  might  "the  accounts 
which  they  received  of  Jackson's  cool,  intrepid  and  sol- 
^  dierlike  behavior  have  excited  universal  admiration  f  for 
the  battle  of  the  23d  had  saved  Louisiana.  Jackson  had 
accomplished  all  that  he  wanted;  he  had  successfully 
opposed  his  raw  troops  to  far-famed  veterans,  and  glo- 
riously administered  to  his  undisciplined  and  new-fledged 
soldiers  the  baptism  of  fire.  The  residt  was  that  they 
now  had  confidence  in  him  and  in  themselves.  He  had 
stunned  the  enemy  by  giving  him  a  sudden  and  unex- 
pected blow  which  made  him  reel  back.    He  gained 


'>'^■"*« 


■^ 


1814.] 


BEFLEf  nONfe 


439 


time  by  it — the  time  which  he  needed  to  fortify,  and  re- 
ceive reinforcements.  He  made  the  enemy  believe  that 
he  was  stronger  than  he  was,  caused  him  to  hesitate,  and 
inspired  him  with  doubts  and  apprehensions  which  he 
did  not  entertain  before.  The  British  now  felt  that  there 
were  no  despicable  obstacles  before  them.  If  General 
Jackson  had  wavered,  if  he  had  not  marched  to  attack 
the  foe  with  such  well-devised  impetuosity,  it  is  not  im- 
probable that  at  daybreak,  on  the  24th,  the  two  divis- 
ions of  the  British  troops,  having  operated  their  junction 
and  being  five  thousand  strong,  would  have  marched 
against  New  Orleans,  which  was  situated  in  an  oper.  plain 
without  the  shadow  of  any  fortification.  General  Ja.-'k- 
son  could  at  best  have  brought  into  the  field  no  more 
than  an  equal  number  of  men  to  those  of  the  British, 
who,  in  broad  daylight,  would  at  a  glance  have  seen  the 
small  number  of  badly-ai*med  militia  they  had  to  con- 
tend with.  Most  of  the  militia  were  unprovided  with 
bayonets,  that  terrible  weapon  which  the  highly  disci- 
plined troops  of  Great  Britain  would  have  used  with  its 
usual  efficacy.  It  is  not,  therefore,  too  much  to  say  that, 
according  to  all  human  probabilities,  the  British  would 
have  won  the  day,  and  the  consequences  of  such  a  disas- 
ter can  easily  be  appreciated. 

Fortunately,  General  Jackson  gave  them  no  such 
chance.  He  fought  the  battle  of  the  23d  under  circum- 
stances whicli  |.  ^-rmitted  him  to  hope  for  the  victory 
which  he  gained.  After  that  victory  he  acted  with  con- 
summate prudence.  Aware  of  the  necessity  of  imme- 
diately assuming  a  position  where  he  might  throw  up 
intrenchments,  at  4  o'clock  in  the  morning,  after  ha\'ing 
passed  the  night  on  the  battle-field,  he  fell  back  about 
two  miles  nearer  to  the  city,  where  he  determined  to 
remain  encamped  behind  a  canal  known  as  the  Rodriguez 
Canal,,  and  wait  there  for  the  arrival  of  the  expected 


.;i^v;*^;,;,.\W^,'.v..V.  . 


Ht^^^:- 


W^ 


-■,.;  ,.-f,p. 


.  >^r:-:;i!-,>,?f:-r),. 


i;.;^        **-wW.,^t'-r 


xM 


im 


UO 


UNITED   AS   ONE  MAN. 


[1814. 


fe 


'S'?''  A    V''- 


Kentu^iky  militia  and  other  reinforcements.  "As  the 
safety  of  the  city, "  wrote  Jackson  to  the  Secretary  of 
War,  "  will  depend  on  the  fjste  of  this 'army,  it  mu.«>t  not 
be  incautiously  exposed." 

Governor  Claiborne,  in  the  relation*  whicli  he  serit  of 
this  affair  to  Governoi^  Bloimt  of  TeriiieRsee,  rendevc^d 
fiill  justice  to  the  Louisianians  and  to  the  patriotic  con- 
cord which  existed  among  all  the  troops :  ''  The  enemy," 
he  aaid,  "suffered  considerably,  and,  but  for  the  drnkness 
of  the  night  ^diich  caused  some  little  confiisior'  in  our 
ranks,  the  afi'^ir  would  have  been  deci^sive.  Tbe  Ter 
nessee  troops  {j^oal  tlie  high  expectations  which  were 
formed  of  them.  It  is  impossible  for»  men  to  display 
more  patriotism,  iiriiinesa  in  battle,  or  composure  under 
fatigue  and  privations.  The  Louisianians  also  deserve 
"ud  will  receive  the  highest  approbation.  We  are 
imited  as  one  man,  and  a  spirit  prm-ails  which  insures 
our  safety." 

*  Claiborne  to  Qoy.  Blount  of  Nashyille.  Dec.  80, 1814. 


PI 


CHAPTER  X. 


'  "^  iv  r-  ■  li  SNCi* 


,j«*. 


GOVERNOii  Claiborne's  administration  —  blowing  up  op  the 

CAROLINA  —  BATTLE  OP  THE  28tH  OP  DECEMBER — BATTLES  OP 
THE  IST  AND  8TH  OP  JANUARY  —  DEPEAT  AND  RETREAT  OP  THE 
ENEMY  —  PUBLIC  REJOICINGS  IN   NEW  ORLEANS.  , 

1814—1816. 

Ctenebal  Jackson,  on  falling  back  two  miles  toward 
the  city,  left  the  Mississippi  mounted  riflemen,  the  Feli- 
ciana dragoons  and  the  Seventh  Regiment  of  the  line  near 
Laronde's  plantation,  in  order  to  watch  the  enemy's 
movements.  Early  on  the  morning  after  the  battle,  the 
enemy  was  seen  to  be  drawn  up  and  to  have  thrown 
forwftfd  strong  detachments,  as  if  he  had  expected  a  re- 
newal of  the  late  attack ;  but,  about  eight  o'clock,  the 
British,  discovering  no  probability  of  such  an  event, 
broke  their  line  and  returned  to  their  encampment,  after 
having  taken,  however,  all  the  precautions  which  military 
foresight  suggested.  A  strong  body  of  British  troops 
were  posted  behind  the  principal  ditch  on  Lacoste's 
plantation,  anditheir  advanced  pickets  covered  their  whole 
front,  extending  from  the  high  road  near  the  river  to  the 
woods  and  swamps. 

In  the  mean  time  the  American  troops  were  actively 
engaged  in  widening  and  deepening  the  Rodriguez  Canal. 
The  two  four-pounders  which  had  already  done  such 
good  service  in  the  late  battle  were  mounted,  in  order  to 
command  the  high  road,  behind  the  embankment  thrown 
up ;  and  the  levee  which  confined  the  waters  cf  the  river  to 

(441) 


,*i4>'p"^'tj^  11 


.    <c  •:fi>;:;''t'it-  ■  ■ 


w 


442 


PREim  RATIONS   OF   THE   BRITISH. 


[1814. 


i 


t_>,  ...»,*,V*\«3()r-,  /    :..».■,<,  ^ »•;•■.  . 


their  channel  was  cut  f  r  the  purpose  of  overflowing  the 
ground  in  front.  A  suiH  rent  quantity  of  water  was  let 
in  to  render  the  road  impia^jicable  for  troops,*  but  un- 
fortunately this  measure  proved  of  very  little  efficiency, 
for  the  jiver  suddenly  subsided,  and  the  water  retired 
from  the  inundated  road.  The  enemy,  however,  showed 
no  disposition  to  advance,  and  although  Major  Hinds, 
with  his  cavalry,  frequently  deplojed  in  his  sight,  and 
although  many  reconnoitering  parties  were  sent  forward 
and  close  to  his  lines,  he  could  not  be  tempted  out  of 
his  position.  But,  apparently  inactive,  the  British  were 
not  wasting  their  time,  or  enjoying  any  unseasonable 
repose;  they  were  landing  more  troops,  artillery,  stores 
and  provisions. 

On  the  25th,  the  commander-in-chief.  Sir  Edward 
Packenham,  Wellington's  brother-in-law,  who  had  ac- 
quired some  military  renown,  and  who,  it  was  said,  had 
been  promised  an  Earl's  coronet  a,s  the  future  reward  of 
his  expected  conquest  of  Louisiana,  arrived  and  took 
command  of  tha  army  of  invasion.  On  the  next^day, 
the  26th,  the  enemy  was  employed  day  and  night  in 
erecting  a  battery  near  the  upper  line  of  Villere's  pi" n- 
tation,  for  the  purpose  of  firing  at  the  schooner  Carolina, 
which,  immediately  after  the  battle  of  the  23d,  had 
moved  to  the  other  side  of  the  river,  where  she  had  been 
joined  by  the  Louisiana.  It  was  evidently  of  extreme 
importance  for  the  British  to  destroy  these  two  vessels, 
which  otherwise,  by  firing  at  their  left;  flank,  would  so 
eftectually  interfere  Avith  their  operations  against  Jack- 
son's lines,  and  which  would  be  so  serious  an  obstacle, 
if  they  deemed  it  expedient  to  cross  the  river;  in  pre- 
vision of  which  event.  General  Jackson  had  ordered  a 
great  quantity  of  powder  stored  on  the  right  bank 
opposite  the  city  to  be  put  on  board  of  a  vessel,  with 


©:; 


*  Latour's  Memoir,  p.  118. 


W- 


'-:! 
"»»i 


1814.1 


COTTING   OF   THV.   LEVEE. 


443 


a  view  to  its  transportation  to  Baton  Rouge  in  case  of 
necessity. 

Whilst  General  Jackson  was  giving  all  his  attention 
to  the  strengthening  of  his  position  in  front  of  the  enemy, 
there  came  an  alarming  report  that  some  British  troops 
had  landed  at  Chef  Menteur.  The  report  was  credited 
at  first,  because  the  prairies  of  that  locality  were  at  that 
time  very  dry,  and  some  British  sailors  had  been  seen 
and  pursued  in  them  by  our  soldiers.  Probably  to 
facilitate  their  escape,  these  sailors  had  set  those  prairies 
on  fire,  and  given  rise  to  this  report  of  the  landing  of 
the  enemy  in  that  dii'ection.  Some  excitement  and  some 
movements  of  troops  were  produced  by  this  false  alarm, 
but  the  truth  being  soon  discovered,  all  a|>prehensions 
were  dispelled. 

'  Thinking  that  the  forces  9f  General  Morgan  were  no 
longer  necessary  at  the  English  Turn,  General  Jackson 
ordered  him  to  evacuate  that  post,  to  cross  the  river  with 
his  artillery,  and  to  take  a  position  opposite  our  lines. 
He  also  caused  the  levee  to  be  cut  at  Jumonville's  plan- 
tation, below  the  British  camp,  as  naar  as  possible  to  it, 
and  within  musket-shot  of  the  ad\anced  sentries.  If 
the  river  had  continued  tp  rise,  as  it  promised  to  do,  this 
operation  would  have  made  an  island  of  the  enemy's  en- 
campment, because  trenchep  from  the  river  had  been  open- 
ed in  its  front,  as  already  stated,  and  the  British  would 
have  been  compelled  to  resort  to  their  boats,  and  evacu- 
ate without  being  able  to  attack  the  American  line^. 
But  the  river  not  rising  as-  expected,  this  measure  had 
the  reverse  of  the  desired  result,  for  instead  of  introdu- 
cing a  sufficient  quantity  of  water  to  injure  the  British, 
it  let  in  barely  the  volume  of  water  which  was  necessarj'^ 
to  fill  up  the  canals  and  bayous  leading  to  Lake  Borgne, 
and  to  facilitate  the  enemy  in  bringing  up  his  heavy 
ai-tillery. 


.  \':f  »'r ■''■■■■  ^*h  ■I 

," :    ."    K  .', •'!/■;,;'«»,  <  1 


iU 


TUE  OABOLmA   BLOWK    UP. 


[1814. 


I' I 
f 

'■J 


■J 


Captain  Heuley,  th*^  Commander  of  the  Carolina,  liad 
not  suiFered  to  pass  unnoticed  the  preparations  made  to 
destroy  his  vessel,  and  had  made  every  effort  to  move 
her  higher  up  the  river  and  near  General  Jackson's 
camp.^  The  wind  was  adverse,  and  the  current  was  too 
rapid  t^ propel  the  ship  by  warping,  although  the  at- 
tempt was  made.  At  daylight  on  the  morning  of  the 
27th,  the  enemy*  concentrated  on  the  Carolina  the  fllre 
of  a  battery  of  five  guns,  from  >\'hich  they  threw  shells 
and  hot-shot.  The  vessel  returned  the  fire  with  a  long 
twelve-pounder,  which  was  the  only  one  on  board  that 
could  reach  across  the  river,  the  remainder  of  her  bat- 
tery being  light  twelve-pound  carronades.  The  wind, 
being  very  li^ht,  rendered  it  impossible  for  her  to  get 
under  way.  The  engagement  was  verj-  short,  hardly 
more  than  fifteen  minutes,  the  British  firing  with  extra- 
ordinary accuracy.  Their  second  -ehot  lodged  in  the 
schooner's  main-hold,  under  her  cables,  c*iid  set  her  on 
fire.  Finding  that  red-shot  were  passing  through  her 
cabin  and  store-room,  which  contained  a  considerable 
quantity  of  powder,  that  her  bulwarks  were  all  knocked 
down,  that  the  fire  was  increasing,  that  the  vessel  was 
in  a  sinking  condition,  and  exj>ecting  at  every  moment 
that  she  would  blow  up,  Capialn  Henley,  a  little  after 
sunrise,  reluctantly  gave  orders  for  the  crew  to  abandon 
her,  which  was  effected  with  the  loss  of  one  killed  and. 
six  wounded.  So  rapid  was  the  progress  of  the  fire, 
that  every  article  of  clothing  belonging  to  the  officers 
and  crew  was  lost,  and  the  men  had  hardly  got  on  shore 
when  she  blew  up,  to  their  extreme  mortification.  The 
British,  having  accomplished  this  success,  now  directed 
their  fire  against  the  Louisiana,  which  it  was  so  import- 
ant for  us  to  preserve,  as  she  was  the  only  remaining  armed 
vessel  on  the  river,  but  her  preservation  was  rendered 

Henley  to  Commodore  Patterson,  Dec.  28. 


I 


•       1814.] 


ATTACK    OF   THE    28tH    DEGEMBEB. 


445 


more  difficult  from  the  fact  of  her  having  her  powder 
magazine  above  water.     Fortunately  her  ooramander 

•  succeeded  in  having  her  safely  towed  up  beyond  the 
range  of  the  enemy's  guns.     ^  .^ 

Notwithstanding  our  falling  back  to  the  Bodnguez 
Canal,  our  outposts  had  still  continued  to  occupy  La- 
rofide's  plantation,  and  every  day  saw  our  reconnoitering 
parties  extending  as  far  as  the  British  lines.  Major 
Hinds,  with  his  cavalry,  was  constantly  in  the  field 
molesting  the  enemy,  with  whose  pickets  and  outposts  ^ 
ours  exchanged  shots  almost  without  intermission,  and 
the  7th  Regiment  of  the  line,  which  had  been  thrown 
forward  to  support  our  pickets,  lost  no  opportunity  to 
harass  the  foe.  But  in  the  evening  of  the  27th,  the 
British  camo  forward  with  such  a  superiority  of  force, 

'  that  we  had  to  rail  baclq|  They  occupied  Bienvenu's 
and  Chalmette's  plantations,  and,  during  the  night,  it 
was  discovered  that  they  were  engaged  in  erecting  sev- 
eral batteries  on  the  bank  of  the  river.  There  was  there- 
fore  ever}'  indication  of  an  action  for  the  next  day,  and 
our  troops  prepared  for  it  with  martial  alacrity.  Early 
in  the  morning,  on  the  28tli,  the  eneimy  commenced  hos- 
tilities, as  was  anticipated,  and  advanced  in  serried  col- 
umns on  the  high  road,  driving  in  our  advanced  posts.*' 
He  was  preceded  by  several  pieces  of  artillery,  some  of 
which  played  on  the  Louisiana,  and  the  others  on  our 
lines^  which  had  only  five  pieces  in  battery.  The  Louis- 
iana su^ered  the  enemy's  columns  to  advance  a  considier- 
able  distance  without  attempting  to  check  them,  but  as 
soon  as  they  had  come  as  near  as  ber  captain  desired, 
she  opened  on  them  a  tremendous  fire,  which  was  briskly 
Returned,  but  their  guns  were  silenced  by  the  combinedt 
fire  of  the  Louisiana  and  of  our  lines,  which  soon  dis- 
mounted one  of  the  field-pieces  they  had  put  in  battery 

.        "'  *  Latooir'B  Historical  Memoir,  p.  110. 


i 


i 


'.  '*■'■;•■;    ■■•■  ■  I 


'^- 


^'■•^s; 


•r  •»   f 


■>''.'. 


^.tA.  ■■■:.^■-)■i^l■ 


^. 


4^ 


9 


'iSii' 


446 


DlATn   OF   COLONEL   HENDERSON. 


[l»H. 


on  the  high  road.  8o  destructive  was  the  fire  of  onr 
artillery  from  the  ship  and  from  our  intrenchmenta,  that 
the  British  columns  broke,  dispersed,  and  fell  back  to )} 

#  Bieni^enu's  plantation,  \d|ere  they  took  sl&elter  under 
some  bladings,  after  having  abandoned  the  several  bat- 
-  teries  the}'  had  established  on  the  bank  of  the  river  in  the 
preceding  night,  and  suffered  a  loss  of  two  to  three  hun- 
dred men.  The  casualties  in  Jadkson's  lines  consisted  of 
seven  men  killed  and  ten  wounded.  The  Louisiana 
*  had  but  one  man  slightly  wounded,  and  shd  "^as  struck 
under  her  bowsprit  by  a  red-shot,  but  without  much 
damage.  The  lives^  of  the  few  men  wbom  we  lost  would 
have  been  saved,  if  Colonel  Henderson,  of  the  Tenilessee 
Division  under  OaiToll,  had  not,  in  j^uting  a  manoeu- 

'       vre,  committed  an  eiTor  which  proved  fatal  to  himself. 
He  had  been  ordered  by  €||p»neral  Cfarroll  to  take  ad©*" 
taohment  of  two  hundred  men,^j|ncl  with  that  Ibrce  to 
dislodge  some  of  the  light  Brlitdsb  troops  who  were 

^  posted  behind  a  fence  and  a  ditcb.  and  whose  fire  was 
beginning  to  be  a  serious  annoyance.  His  order  was 
to  file  along  the  woods,  and  turn  the  British  by  moving 

t  to  the  left  between  the  woods  and  the  fence ;  but  instead 
of  moving  to  the  left,  h6  moved  to  the  right,  leaving 
the  fence  between  him  and  the  woods.  Thus  covered 
by  the  fence,  the  enemy  opened,  on  our  detachment  a 
well-directed  fire,  which  killed  Colonel  Hendorsqn  and 
some  of  his  men,  forcing  the  rest  to  fall  back.  ^In  an 
afecount  given  of  this  affair  to  the  Secretary  of  War, 
General  Jackson  said :  ''  I  lament  that  I  have  not  the 
means  of  carrying  on  more  offensive  operations.  The 
Kentucky  troops  have  riot  arrived,  and  my  effective 
;  t  force  at  thifei  point  does  not  exceed  three  thousand. 
Theirs  must  be  at  least  double ;  both  prisoners  an^?  de- 
serters agi'ee  in  the  statement  that  seven  thousand  landed 
from  their  boate  "  * 


s^f  : 


i 


^■ 


.t 


•       1814.] 


TIIK   CONG  REV  B    lUK}KI<:rd. 


447 


The  British  pretend  U*  have  intended  merely  a  de- 
monstration on  that  day,  or  a  sort  of  feigned  attack,  to 

^i  test  our  spirit  and  strength.  If  such  was  their  intention, 
they  must  have  been  satisfied  by  their  experiment  that 
we  were  determined  to  defeira  our  homes  to  tip.  utmost, 

i^that  our  artillery  was  served  with  remarkaole  skill, 
promptitude  and  precision,  and  that  their  marching,  de- 
ploying and  forming  in  order  of  battle,  far  from  eliciting 

•  on  our  part  the  slightest  evidence  of  wavering,  hesitation 
or  intimidation,  broiigbt  out  the  proof  that  our  military 
organization  was  excellent,  and  that  they  had  to  expect 
the  most  obstinale  resistance  from  the  valor,  patriotism 
and  ability  which  defended  the  avenue  to  l?ew  Orleans. 
They  were  also  much  disappointed  as  to  the  v'^flfect  of  their 
Congi-eve  rockets,  which  they  used  largeiy  on  that  day. 

^  .They  thought  that  the  very,  noise  which  accompanies  the 
cpur^e^of  those  rockets  through  the  air  would  strike 
terro^into  the  Americans,  who  had  never  before  seen  that 
kind  of  ntissile.  But  .they  discovered-  that  we  had  very 
soon  grovgii  aeicustQped  to  its  harmless  explosions,  for  we 
were  not  long  in  ascertaining  that  it  was  more  formidable 
\x^  souad  thah  in  anything  else.  The  fact  is  that  these 
rockets,  although  u^d  with  the  utmost  profusion,  only 
wounded  ten  men  and  blew  up  two  caissons  during  the 
whole  campaign. 

*  .^General  Jackepn  d^s  not  appear  to  have  been  of 
opinion  that  this  ^aiir  of  the  28th  was  a  mere  demon- 
stration, as^English  writers  affirm,  for  in  his  dispatch  of 
the  *29th  to  the  Secretary  of  War  he  said :  "  Emboldened 
by  the  blowing  up  of  the  Carolina^  the  enemy  marched 
his  whole,  force  jie  next  day  up  the  levee,  in  the  hope 
of  driving,  us  from^ur  position,  and,  with  this  view, 
opened  upon  us,  at  ihe  distance  of  about  half  aniile,  his 
bombs  and  rockets*  He  was  repulsed,  however,  with 
considerable  loss.    Commodore  Patterson,  in  his  dispatch 


% 
*• 


■     ■'^'^^' 

.'      -  *    t,  ^      V     \^    M       1 

■  ''r,■•■■••^  V.JI 
'■  ;,  ,  ••.,;-*'^/'  ' 


.:•)?■  */^.;: 


■mm 


t» 


■i  -^  •' 


B 

q 

^^^^v 

w 

|i 

^si 

if 

^M>^' 

Pi 

^^,^' 

ji 

^M^^' 

;| 

^^S" 

1 

m 

1 

K 

448 


AETILLERT  DUEL. 


[18M. 


to  the  Secretary  of  the  Navj^,  endorses  General  Jackson'a 
opinion,  for  his  words  are :  "  The  enemy  drew  up  his 
whole  force,  evidently  with  an  intention  of  assaulting 
General  Jackson's  lines,  under  cover  of  his  heavy  cannon ; 
but  his,  cannonading  l)eih§  so  warmly  returned  from  the 
lines  aiid  ship  Louisiana,  caused  him,  I  presume,  to 
abandon  his  project,  as  he  retired  without  making  the 
attempt."  He  added  that,  **  although  the  crew  of  It  e 
Louisiana  was  composed  of  men  of  all  nations  (English 
excepted),  taken  from  the  streets  of  New  Orleans  not  a 
fortnight  before  the  battle,  yet  he  had  never  known  guns 
better  served,  or  a  more  animated  fire  than  was  support- 
ed from  her."  But  whatever  it  was,  a  feint,  a  demonstra- 
I  tion,  or  an  intended  attack  which  had  miscarried,  the 
'  affair  of  the  28th  turned  out  4)0  be  a  mere  artillery  auel, 
which  lasted  seven  hours,  and  which  terminated  glorious- 
^|y  for  the  Americans.  ^  #  , 

It  was  on  this  day,  the  28th  of  December,  toward 
noon,  that  membei's  of  the  Legislature  were  prevented 
by  an  armed  force  from  meeting  as  usual  in  ^  the  State 
House  in  the  city,  and  although  that  interference  was 
but  momentary,  and  the  result  of  error  and  niisconstruc- 
tion,  it  nevertheless  produced  the  deepest  sensation,  and 
an  •  excitement  which,  for  a  long  time,  it  was  found  im- 
possible to  allay,  whenever  this  event  became  a  subject 
of  discussion,  or  even  reference.  We  shall  postpone  its 
consideration,  in  order  not  to  interrupt  the  thread  of 
military  operations. 

Encouraged  by  the  results  of  the  fire  kept  up  by  the 
Louisiana,  on  the  28th,  against  the  flank  of  the  enemy. 
Commodore  Patterson,  during  the  night  of  the  29th,  had 
brought  down  from  the  New  Orleans  Navy  Yard,  and 
mounted  in  silence  a  twenty-four-pounder  on  the  right 
bank  of  the  river,  in  a  position  where  it  could  most  annoy 
the  enemy  when  throwing  up  works  on  the  levee  or  in 


Bv »   ■"»  ilsy^cSP  "  '  '•  ••  ■'»','  ■- 


m. 


1814.] 


EFFECTIVE  FIBma  FROM  THE  JiOUISIANA. 


449 


the  fields.  On  tlie  dOth,  he  opened  upon  the  British 
with  this  twenty-four-pounder,  which  drove  them  from 
their  works,  whilst  the  ship  Louisiana  was  firing  at  the 
same  time  upon  their  advanced  guard,  who  retired  from 
the  levee,  and  sheltered  thetnselves  behind  buildings 
and  some  epaulments  which  had  been  raised  lor  their 
I  rotection* 

3ome  other  works  of  defence  were  erected  by  us  on 
the  light  bank  of  the  Mississippi ;  among  which  was  the 
conversion  of  a  brick-kiln,  opposite  the  city,  on  the  verj' 
margin  of  the  river,  into  a  redoubt,  of  which  Captain 
Henley,  of  the  late  Carolina,  took  command.  A  Ibase 
twenty-five  feet  wide  was  dug  all  around  it,  and  the 
earth  from  it  was  used  to  form  a  very  steep  glacis  from 
the  summit  of  the  waU,  seiving  as  a  parapet  to  the  brink 
of  the  fosse.  A  palisade  extended  along  its  whole 
length  on  the  inside.  This  redoubt  was  furnished  with 
a  small  powder  magaisine,  and  was  mounted  with  two 
twenty-four-poundera.  Its  battery  commanded  at  once 
the  high  road  and  the  river.* 

Back  of  Jackson's  lines  on  the  Rodriguez  Canal,  there 
was  another  canal  on  the  Piernas  plantation,  which  com- 
municated with  Bayou  Bienvenu.  As  it  was  possible 
for  the  enemy  to  ascend  this  bayou  up  to  the  mouth  of 
the  <»miU,  and  by  that  canal  to  penetrate  to  his  rear. 
General  Jackson  had  an  advanced  post  stationed  at  the 
spot  where  the  canal  empties  into  the  bayou,  and  ordered 
the  ITirst  Begiment  of  Louisiana  Militia,  tmder  Colonel 
D^jean,  to  take  a  position  in  the  wood  on  the  bank  of 
the  canal,  with  intennediate  posts  to  its  connection  with 
Bayou  Bienvenu.    . 

Every  day,  tbe  Louisiana  dropped  down  to  the  station 
wbich  she  had  occupied  during  the  engagement  of  the 


•  y,  -.If- 


"t;/'Wl 


'■-.■^'■•.l,'^^*7:?fe#f.'-'| 

,>'.i,..',.-»*--r,i'..V.l.',:    J 


*  -,  ■'■  .IS''. 


?K 


>>;- 


«■; 


^vi- 


*  Latoar's  Historical  Memoir,  p.  12S. 

29 


^•j: 


'  r 


Jt 

^f 


i: 


2^'if 


450 


AMERICANS  STBENGTHENING  THEIR  LINES. 


[1814. 


28th,  annoyed  the  enemy  greatly  by  her  fire,  and  returned 
every  night  to  a  safe  position  up  the  river. 

Every  precaution  was  taken  to  guard  against  any  at- 
tempt which  the  enemy  might  make  to  turn  our  left, 
which  rested  on  the  wood  and  swawp.  Colonel  Haynes, 
Inspector-General,  accompanied  by  intrepid  hunters  and 
pioneers,  was  kept  actively  engaged  in  reconnoitering  in 
that  direction,  and  in  looking  to  the  safety  of  our  lines. 

On  the  30th,  in  the  morning,  some  reinforcements  came 
from  the  Acadian  coast,  whither  Major-Genial  Viller6, 
commanding  the  First  Division  of  Louisiana  Militia,  had 
been  sent  to  forward  their  arrival.  He  made  his  appear- 
ance at  the  head  of  three  hundred  men,  who  encamped 
back  of  our  lines,  and  he  subsequently  took  the  com- 
mand of  the  troops  stationed  on  thePiernas  Canal.  On 
that  day,  Major  Hinds  was  sent  reconnoitering  toward 
the  advanced  posts  of  the  enemy.  He  performed  that 
duty  with  much  intrepidity,  and  returned  with  several 
of  his  dragoons  wounded.  In  the  mean  time,  we  were 
strengthening  our  lines  with  the  utmost  expedition,  and 
a  patriotic  rivalry  prevailed  among  the  several  corps  as 
to  which  of  them  would  make  the  greatest  show  of  work 
done,  and  done  skillfully  and  efficiently,  althoi^h  they 
were  composed  of  men  very  few  of  whom  were  used  to 
manual  labor.  Our  batteries  were  increasing  rapidly 
on  the  left,  right  and  centre,  and  the  centre  batteries 
particularly,  which  were  of  heavy  metal,  galled  the  enemy 
without  discontinuanoe.  It  being  discovered  that  he 
was  throwing  up  a  redoubt  toward  the  woods^  a  thirty 
two-pounder  commanded  by  lieutenant. Grawlegr,  ajid  a 
twenty-four-pounder  under  Captain  I^ominique,  one  of 
the  Baratarians,  were  directed  against  it  with  splendid 
effect.  Notwithstanding  the  great  distance,  wmtof  the 
balls  struck  the  parapet,  demolishing  the  works  and 
killing  many  men.     Meanwhile,  the    marine   batteiy 


*  ;■  vi''V'' 


18U.]: 


BBinSH  BLACK  TBOOPS. 


451 


established  by  Commodore  Patterson  on  the  right  side 
of  the  river  was  playing  with  efficacy  on  the  camp  and 
outposts  of  the  enemy.  To  meet  our  galling  fire,  the 
British  attempted,  without  much  success,  mi  innovation 
in  the  art  of  war,  which  was  the  erection  on  the  levee 
of  a  battery  with  hogsheads  of  sugar,  in  front  of  Biea- 
venu's  house.  It  was  evident,  besides,  that  they  were 
engaged  in  many  other  preparations,  and  deserters  re- 
ported that  considerable  reinforcements  were  expected 
shortly,  and  that  heavy  artillerj^  was  on  the  way  to 
bfttter  down  our  breastworks. 

From  all  accounts*  it  appears  that,  at  that  time,  the 
British  troops  of  the  line  amounted  to  between  nine  and 
ten  thousand  men.  Their  hospitals  were  established  in 
the  buildings  of  Jumonville's  plantation,  where  some 
black  troops  which  thej'^  had,  and  which  like  all  black 
troops  proved  of  no  account,  were  stationed ;  the  head- 
quarters of  the  Commander-in-Chief  were  in  General  Vil- 
lei'^'s  house.  All  the  horses  of  the  neighboring  planta- 
tions had  been  swept  into  the  British  camp,  and  the  best 
appropriated  to  the  use  of  the  officers  of  the  staff.  The 
rest  served  to  mount  a  squadron  of  dragoou  ,  or  draw 
the  artillery.  The  British  extended  their  reconnoitering 
parties  down  the  river  as  iar  as  Philippon's  plantation, 
where  they  established  a  post  of  black  troops,  which  re- 
mained there  in  a  kind  of  frozen  torpidity  until  the  final 
evacuation  of  the  country.  It  follows,  of  course,  that  all 
the  cattle  of  the  planters  within  the  reach  of  the  beef- 
lo\ang  and  beef'-eating  Englishmen  were  entirely  de- 
stroyed. These  predatory  excursions  of  the  enemy  were 
pushed  with  lamentable  effect  as  far  a«  the  English 
Turn,  and  the  farthest  end  of  that  section  of  the  country 
known  under  the  appellation  of  Terre  aux  Boeufs,  '*  land 
of  oxen,"  in  the  present  parish  of  St.  Bernard. 

*  Latoar's  Memoir,  p.  130. 


ii 


■  ■       c  ■  *     *  •  V  "       ■  ■ 


J  : 


,';  -  ^  ■:     ■      /  '■l^■•  ■ 

'  •■.'  '■■'■  i  ' 

-■■  •   •   *'••#■•     'i  si 

'■■"*. '- w.    '        .1 


>a.;':. 


■   '--Ad''" 


( t 


452 


THE   EIFLE   AND   THE   DISTT   SHIRTS. 


[18U. 


■  *■ 


If,';,,'  ..';;y;.,4'    r.'Vi  .  '■ .. ' 

'  tl* .  S  ^       .'  '  'i***.''     I'll      '•■•   W  t  '   \ 

l-^''^;''  ■ '/'^W-''-S-  ^  ■►■  .• 
|-%«'*("  I '.  .;;■  V'  •  -t'  ■  '■  ■■'^ 
]%'•■  ■■'  r*' *.::'-;  .^*i'.'r  --■.•■ 

11;-"'  •.;■'*''"'■•  < •■■  >•■"■' 

•  li*  A  '■•..■      V,..  ' .      •'; 


5\V.. ' 


■  *t'»  .'  'a  .. 


I Hr9-:.v' ■■.,:,,,■*■•■  ,  ■;• 


•'"''0--.  S'  '  '■         °  ■' 


As  there  was  a  strong  apprehension  of  an  attempt  on 
the  part  of  the  enemy  to  turn  our  lines  on  the  left,  great 
efforts  were  made  to  prolong  them  as  rapidly  as  possible 
into  the  wood,  to  the  most  impassable  part  of  the  swamp ; 
but  fortunately  the  enetoy  seei  s  to  have  entertained  a 
kind  of  salutary  terror  of  that  very  wood  and  swamp, 
and  had  for  it  a  very  good  reason.  He  apprehended 
that  every  tree,  bush,  or  other  place  of  concealment  might 
hide  from  his  view  the  unerring  Tennesseean  rifle,  which 
already  had  scattered  death  and  dismay  among  the  Brit- 
ish sentinels  and  advanced  posts.  Even  while  confining 
himself  to  open  fields,  he  had  experienced  that  it  was 
with  much  difficulty  that  he  could  keep  sentries  at  some 
distance  from  his  camp,  without  exposing  them  to  certain 
death  from  the  unsparing  Tennesseean  bullet,  which  never 
missed  its  aim.  The  dress  of  those  riflemen  consisted  chief- 
ly  of  a  kind  of  brown  homespun  cunic,  which  the  Briiish 
called  in  derision  a  "  dirty  shirt,"  and  the  xr  of  which 
prevented  the  wearer  from  being  distil  ,uished  from  the 
bashes  and  tall  dry  grass  through  which  he  crept  like 
a  snake,  now  in  ditches,  now  behind  ^^iices,  toward  the 
British  outposts.  The  Tennesseean?  vere  fond  of  indulg- 
ing in  these  expeditions,  which  they  called  "  hunting 
parties,"  and  it  is  related  that  one  of  them,  on  such  an 
occasion,  made  himself  famous  by  killing  successively 
three  sentinels  who  had  been  posted  one  after  the  other 
at  the  same  spot,  carrying  away,  every  time,  the  arms 
and  accoutrements  of  these  unfortunate  victims,  as  proofs 
of  his  exploits.  The  British  at  last  gave  up  the  idea  of 
keeping  a  sentinel  at  that  fatal  spot.  By  such  daily  oc- 
currences in  the  open  fields  they  were  admonished  not 
to  hazard  themselves  into  the  woods  and  swamps,  on  the 
skirts  of  which  they  never  even  ventured  to  po*!t  a  single 
picket  throughout  the  whole  campaign ;  such  was  the 
dread   which   they   entertained  of  the  **  dirty  shirts !" 


1814.] 


OUE   MODE   OF   WARFARE. 


453 


They  bitterly  complained  of  this  mode  of  warfare  as 
being  contrary  to  the  usages  of  civilized  nations,  and  as 
no  better  than  assassination  ;  but  we  shall  reply  to  this 
accusation  in  the  words  of  one  of  theii*  most  distinguished 
historians,  who  thinks  that,  in  a  war  of  invasion,  when 
every  man  among  the  invaded  is  a  soldier,  and  a  soldier 
fighting  for  his  nearest  interests,  when  his  own  trees  have 
been  cut  down,  his  own  com  has  been  burnt,  his  own 
house  has  been  pillaged,  his  own  relations  have  been 
killed,  he  cannot  entertain  toward  the  enemies  of  his 
cou  ntry  the  same  feelings  with  one  who  has  suflfered  noth- 
ing from  them,  except  perhaps  the  addition  of  a  small 
sum  to  the  taxes  which  he  pays.* 

"In  tuch  circumstances,*'  says  Macaulay.  ''ruen  cannot  be  gen- 
erous. Tb=?y  have  too  much  at  stake.  It  is  when  they  are,  if  I 
may  so  ex.^reas  myself,  playing  for  love,  it  is  when  war  is  a  mere 
game  Cit  cuess,  it  is  when  they  are  contending  for  a  remote  colony, 
a  frontier  town,  the  honors  of  a  flag,  a  salute,  or  a  title,  that  they 
can  make  fine  speeches,  and  do  good  oflices  to  their  enemies.  The 
Black  Prince  waited  behind  the  chair  of  his  captive ;  Villars  inter- 
changed repartees  with  Eugene }  George  IL  sent  congratulations  to 
Louis  XV.,  during  a  war,  upon  occasion  of  his  escape  from  the  at- 
tempt of  Damlen ;  and  these  things  are  fine  and  generous,  and 
very  gratifying  to  the  author  of  the  Broad  Stone  of  Honor,  and 
all  the  other  wise  men,  like  him,  who  think  !:hat  God  made  the 
world  only  for  the  use  of  g  ntlemen.  But  they  spring  in  general 
from  utter  heartlessness.  No  war  ought  ever  to  be  undertaken 
hut  under  circumstances  which  render  all  interchange  of  court- 
esy between  the  combatants  impossible.  It  is  a  bad  thing  that 
men  should  hate  each  other,  but  it  is  far  worse  that  they  should 
contract  th6  habit  of  cutting  one  another's  throat  without  hatred. 
War  is  never  lenient  but  where  it  is  wanton ;  when  men  are  com- 
pelled to  fight  in  self-defence,  they  must  hate  and  avenge ;  this 
may  be  bad,  but  it  is  human  nature,  it  is  the  clay  as  it  came  from 
the  hand  of  the  potter." 

The  Tennesseeans  were  the  clay  as  iiu  came  from  the  hand 


' '«',.' 


'-.K'*--  : 


I  • 


•  Macaulay'a  Essayi,  Milfoid'a  Greece,  vol.  8,  p.  873. 


M 

R 

I'.^JHM 

Kn^***^ 

^M 

^^^ 

''wi 

^^ 

i'^ 

Mti 

jiffii 

a^<^ 

'  4^M 

WKk'i 

^£«i 

Sr^«"' 

uXg|^ 

BfSj'^ 

1^ 

m- 

i;SR 

W^'i 

[}'■-■ 


I.  ■;•*    -^  ■  •■•■''■     V.»  '^^  .   '•€;-    ■■■,■-'■■■  -i 


U  ■ 


'■''I  ■   ■ '  -■'♦.f '■■■I  .-v-.j*-  ■  ■   ;■.  •■li    •■  ^z'  , 
■  V  .  Is     ■  •■         ■•  ■ 


'\  '■ 


454 


GAITNONADB  ON  THE  31bT  OF  DEOEMBEB.         [1814. 


of  the  potter.  They  knew  nothing  about  the  code  of 
chivalry  and  the  customary  rules  of  conducting  war  ac- 
cording to  the  artificial  standard  of  European  courtesy. 
They  only  knew  that  their  country  was  invaded,  and 
that  their  sacred  duty  was  to  kill  the  invadw  by  day  or 
by  night,  as  long  as  the  foe  had  arms  in  his  hands  and 
did  not  sue  for  mercy,  whether  they  shot  at  him  fii'om  an 
ambuscade,  from  behiud  a  tree,  a  bush,  or  a  parapet^  or 
\  je.her  they  met  him,  face  to  face  and  hand  to  hand,  in 
the  open  field.  ITiose  untutored,  rough-hewn  and  un- 
•nuth  patriots  were  right,  and  may  "  war  to  the  knife 
an  ^  the  knife  to  the  hilt "  be  forever  the  motto  of  every 
Louisianian  whenever  his  native  State  shall  be  invadexl ! 
The  British,  however,  were  industriously  preparing  to 
pal  an  effectual  stop  to  this  shooting  down  of  their  sen- 
tinels, by  making  a  bold  effort  to  drive  Jackson  out  of 
hie  intrenchments,  and,  on  the  Slst,  having  succeeded) 
notwithstanding  the  fatal  eflfects  of  our  batteries,  ia  com- 
pleting the  redoubt  which  they  had  begim  on  our  left 
near  the  woods,  and  which  had  been  demolished  once  or 
twice,  they  opened  a  fire  on  our  advanced  posts  which 
had  been  skirmishing  with  their  own ;  in  consequence  of 
which,  a  spirited  cannonade  was  kept  up  on  both  sides 
for  tne  greater  part  of  the  day.  The  Louisiana,  as 
usual,  joined  her  fire  to  that  of  our  lines  and  again  drove 
the  enemy  to  shelter.  We  suffered  very  little  from  this 
artillery  encounter,  w'i  ^Ist  ,.  e  inflicted  several  casualties 
on  the  enemy,  among  which  he  bad  *  regret  the  loss  of 
an  officer  of  engineers,  who  was  rccounoitering  aud  was 
killed  by  our  advanced  posts. 

The  ycM"  was  closing  with  plain  indications  from  the 
movements  of  the  enemy  that  he  meditated  an  immedi- 
ate attack.  When  night  came  and  when  he  could  labor 
with  comparative  security,  noises  were  heard  which  man- 
ifested  to  us  that  he  was  working  at  platforms  and 


1816.] 


BATTLE  OF  THE    IST   OF  JANUABY. 


455 


moTinting  pieces  of  eannon,  and  it  was  subsequently  dis- 
covered that  he  had,  during  that  night,  constructed  two 
batteries  behind  a  ditch  on  Ohalmotte's  plantation,  at  the 
distance  of  about  six  hundred  yards  from  our  lines,  and 
about  three  hundred  yards  apart.  The  one  nearer  to 
the  river  was  about  three  hundred  and  fifty  yards  from 
its  bank. 

On  the  morning  erf  the  first  of  Januaiy  there  was 
one  of  those  dense  fogs  which  are  so  common  in  that 
season  on  the  banks  of  the  Mississippi,  but,  at  10  o'clock, 
when  it  cleared  off,  the  enemy  opened  upon  us  a  heavy 
cannonade  proceeding  from  three  batteiiea  The  one 
which  was  mounted  on  the  road  near  the  river,  and 
which  played  upon  our  right,  consisted  of  two  twelve- 
pounders  ;  the  next,  acting  against  oiir  centre,  had  eight 
eighteen-pounders  and  twenty-four  pound  carronades; 
and  the  last,  on  our  left,  eight  pieces  of  cannon  and  car- 
ronades— ^in  all  twenty-eight  guns.  The  missiles  which 
they  sent  were  accompanied  with  innumerable  Congreve 
rockets.  The  first  discharges  of  the  battery  on  the  road 
were  directed  against  a  house  in  which  it  was  known 
that  General  Jackson  had  established  his  headquarters, 
and  where  he  happened  to  be  at  that  moment  with  his 
stafl:'  and  other  officers.  In  less  than  ten  minutes,  up- 
ward of  one  hundred  balls,  rockets  and  shells  struck  the 
house,  and  drove  everybody  out  of  so  dangerous  and  ex- 
posed a  situation.  It  is  Strang  that,  notwithstanding 
this  sudden  gush  of  fire  and  iron  which  swept  over  the 
house  in  at*  instant  and  surprised  its  tenants,  notwith- 
standing bricks,  splinters  of  wood  and  fragments  of  fur- 
niture were  flying  in  every  direction,  not  a  death,  not  a 
wound  was  iafiicted.  Our  reply  was  as  fierce  as  the 
enemy's  attack,  altlKHigh  we  had  only  ten  guns  to  op- 
pose bk  twenty-eight,  and  for  an  hour  a  hot  cannonade 
was  steadily  continued  on  both  sides ;  at  the  expiration 


-■  >4^  "  ' 


;■«'.;  ■  y'i  ';i..-.&;:V?'  ;1 

.lb  .  *": H 


,      :-■■:?<"• 


456 


BATTLE   OF   THE    IST   OF   JANUABY. 


[181C. 


if 


:i:^m 


^■•^^.'■> 


If  i;i»-io  V  -iT^ 


;:W 


■w."- 


It«  ^'  - 


■  "i* 


of  that  tiine  it  became  perceptible  that  the  enemy's  fire 
was  slackeuing.  It  was,  however,  still  vigorously  kept 
up ;  but  it  was  evident  that  ours  was  more  precise  and 
effective.  ''Yet,"  says  the  engineer,  Major  Latour, 
"  every  advantage  was  on  the  side  of  the  enemy ;  his 
])atteries  presented  but  a  narrow  front  and  very  little 
elevation  on  a  spacious  plain,  the  soil  of  which  was  from 
four  to  six  feet  below  the  level  of  our  platforms ;  his  gun- 
ners had  for  a  target  a  line  about  one  thousand  yards 
long,  the  top  of  whose  parapet  was  eight  or  nine  feet 
higher  than  his  platforms,  whilst  our  guns  might  be  said 
to  have  only  points  to  aim  at ;  and  our  balls  could  not 
rebound  on  so  soft  a  soil.  Our  batteries  were  the  prin- 
cipal object  against  which  the  enemy's  fire  was  directed ; 
but  we  were  no  less  intent  on  demolishing  his ;  for  in 
about  an  hour's  time  our  balls  dismounted  several  of 
liis  guns,  and  when  the  firing  ceased,  the  greater  part  of 
his  artillery  was  unfit  for  service."  It  must  also  be  kept 
in  luind  that  his  artillery  was  more  than  twice  ours  in 
number ;  it  was,  besides,  well  served,  aud  was  not  with- 
out doing  some  damage  by  breaking  the  carriages  of  a 
twenty-four  and  a  thirty-two  pounder,  with  the  tbretrain 
of  a  twelve-pounder,  and  blowing  up  two  artillery 
caissons.  Some  bales  of  cotton  had  been  used  to  form 
the  cheeks  of  the  embrasures  of  our  batteries;  and,  not- 
withstanding the  popular  tradition  that  our  breast- 
works were  lined  with  it,  this  was  the  only  use  which, 
on  that  occasion,  was  made  of  that  great  staple  of  our 
country.  The  enemy's  balls  struck  those  bales,  scattered 
them  in  all  directions  and  set  tiem  on  fire. 

Thtd  enemy's  object  seems  to  have  been,  on  that  day, 
to  silence  our  artillery,  make  a  breach  in  our  lines  and 
can-y  them  by  storm.  His  troops  were  observed  to  be 
in  readiness,  drawn  up  in  sexeral  ^Mirallel  lines  between 
the  batteries,  prudently  taking  shelter  in  ditches,  and 


'■'■W^ 


1815.] 


BATTLE   OF  THE   IST   OF  JANUARY. 


457 


waiting  for  the  favorable  momeDt  to  rush  to  the  contem- 
plated assault  When  our  cotton  bales  w^re  knocked 
down  in  a  blaase,  when  our  two  caissons  with  u  hundred 
rounds  in  them  blew  up,  a  certain  degree  of  contusion 
ensued.  The  enemy  thought  that  the  breach  was  made, 
and  that  the  expected  moment  had  come.  He  suspend- 
ed his  Are  at  once,  and  the  troops  ranged  in  the  ditches, 
with  those  at  the  battferies,  gave  three  load  cheers ;  but 
a  simultaneous  and  well-directed  discharge  from  the 
whole  artillery  of  our  lines  dampened  their  enthusiasm, 
and  informed  them  of  the  frustration  of  their  hopes. 
From  that  moment  the  animation  of  the  enemy's  fire 
went  on  decreasing.  In  the  mean  time  he  had  sent  some 
platoons  of  sharp-shooters  into  the  woods  to  ascertain  if 
our  left  could  be  turned,  but  they  were  no  match  for 
the  "hunters"  of  Coffee's  brigade,  and  Lhey  soon  fell 
back  with  a  full  conviction  that  nothing  could  be  done 
in  that  direction.  At  noon  his  fire  had  become  languid, 
and  at  one  he  abandoned  his  two  batteries  on  our  left 
and  centre.  There  was  but  one  remaining,  that  on  the 
road,  which,  with  feeble  and  expiring  effort8,»continued 
to  throw  a  few  balls  and  rockets  until  three  in  the  after- 
noon, when  it  fell  into  an  ominous  silence.  Then  the 
British  troops  were  seen  retiring  slowly  and  in  apparent 
dejection  to  their  camp. 

Whilst  this  artillery  engagement  was  going  on  with 
our  lines.  Commodore  Patterson  did  not  drop  down  the 
liver  as  usual  with  the  Louisiana,  to  fire  at  the  flank  of 
the  British.  He  was  now  appi-ehensive  of  coming  within 
range  of  their  shot,  having  learnt  from  deserters  that  a 
fiimaee  of  hot-shot  was  kept  in  constant  readiness  at 
each  of  their  bal^ries  to  bum  her;*  and  the  guns  of 
two  marine  batteries  on  shoae  being  of  much  greater  ef- 
fect than  those  of  the  Louisiana,  the  crew  of  the  ship  was 

*  Patterson  to  the  Secretary  of  the  Nav/,  January  Sd,  1815,  ^' 


•,*'I-C.-. 


•■■■!/--■>  <as;;| 


'      .         1**.*      4       W^'Of.  J 


■  ,  ?^;■..''  •v.<^■.-•-.■■:.•r 
■■■:     H';.;:::^'i 


■■f  -T 


mi 


„■'», 


458 


BATTLK   OF   THE    IST   OF   JANUART. 


[1815. 


f^i-^ 


withdrawn  co  maa  them.  The  Commodore  was  particu- 
larly desirous  to  preserve  hei*  from  the  hot-shoi^^,  &■->  he 
deemed  her  of  incalculable  value  to  oover  the  aimy  in 
case  General  Jackson  should  retira  from  his  present  line 
to  those  which  he  had  thrown  up  in  his  rear.  With  his 
guns  on  shore  he  kept  up,  however,  an  intense  fire  upon 
the  enomy,  and  although  the  halls  from  the  British  bat- 
teries went  through  his  breastworks,  and  the  shells  fell 
in  great  numbers  in  and  about  his  batteries,  he  had  the 
good  luck  not  to  lose  a  single  man,  nor  did  his  fire  slacken 
a  moment.  Toward  the  evening  the  enemy  called  in  all 
his  outposts,  8A  he  had  done  after  the  engagement  of  the 
28th;  during  the  night  his  batterie;  were  dismantled, 
and  with  much  difiiculty  and  fatigue  his  guns  were  re- 
moved by  being  dragged  through  mud  and  darkness, 
with  the  exception  of  five  Trhich  had  to  be  abandoned. 
On  the  next  dny^  early  in  the  movning,  several  parties 
of  our  men  vii^it^ d  the  deserted  batteries,  and  witnessed 
the  damage  wliioii  had  been  done  by  our  artillery.  They 
saw  peil-mell  broken  gun-carriages  belonging  to  the 
navy,  shattered  carronades,  barrels  of  powder,  and  a 
large  quantity  of  cannon-balls  and  implements  of  artil- 
lery. The  enemy's  loss  was  estimated  to  have  been 
heavy;  ours  was  trifling  in  comparison,  for  it  did  not 
exceed  thirty-four  in  killed  and  wounded,  eleven  of  the 
former  being  persons  who  were  going  to  or  returning 
from  the  camp,  and  who  were  struck  on  the  high  road 
behind  our  lines. 

On  the  day  of  this  engag^raient,  Major-GreneralHiomas, 
commanding  the  Second  Division  of  Louisiana  Militia, 
arrived  with  five  hundred  men  from  Baton  Rouge.  As 
manj'  of  our  men  were  destitute  of  arms,  General  Jack- 
son ordered  the  Mayor  of  New  Orleans  to  make  domicil- 
iary visits  in  that  city,  in  order  to  ascertain  what  arms 
were  in  the  possession  of  individuals. 


/■'•M^' 


iiv'-^ 


1814.] 


BRirrSH    BED9UBTS. 


iiSi 


459 


•4'v- 


t'Tbe  enemy,  althouj^h  defeated  hi  his  purpose,  did  not 
abandon  the  redoubt  which  he  had  erected  neai*  the 
woods,  with  the  intentk>n,  probably,  of  guarding  against 
an  attack  in  that  direction  and  protecting  his  pickets. 
On  the  contrary,  he  went  zealously  to  work  to  increase 
its  strength.  That  redoubt  ^'u?*  of  a  quadrilateral  form ; 
two  embrasures  were  made  on  the  '1  ri'ont  opposite 
our  lines,  but  forming  an  angle  wi  Each  of  the 

lateral  fronts  had  likewise  an  emb  i  the  middle, 

and  that  on  the  back  had  an  open  ^  tv\  .  ve  feet  wide, 
serving  as  an  entrance  and  covered  by  a  traverse  within 
the  fort^  Along  the  intervals  between  the  embrasures 
above  the  ground  ran  banquettes  raised  three  feet  for 
the  musketr}'.*  The  parapet,  which  was  fourteen  feet 
thick  at  the  base,  and  nine  at  the  summit,  had  battle- 
ments for  the  musketry  on  three  aspects.  A  fosse  from 
twelve  to  fifteen  feet  wide  and  three  in  depth  surround- 
ed this  redoubt.  Not  only  did  the  enemy  retain  posses- 
sion of  this  fortification,  but  he  soon  began  to  erect 
another  smaller  redoubt  in  advance  of  this  one,  with  an 
embrasure  in  each  of  its  angles  toward  otu*  Mnes.  The 
British  suffered  considerably  in  constructing  these  works 
under  the  galling  fire  of  our  heavy  guns  which  mowed 
down  their  men.  At  last  the  officer  commanding  the 
working  parties  bravely  stood  up  on  the  parapet,  and 
as  soon  as  he  perceived  the  fiash  of  our  guns  he  gave  a 
signal  to  his  men,  who  put  themselves  under  cover. 

On  the  8d  of  January,  during  the  night,  General  Jack- 
son was  informed  that  the  enemy  had  ascended  Bayou 
Bienvenu  as  far  as  the  Piemas  Oanal,  where  he  was 
landing^  in  considerable  force.  This,  if  true,  would  have 
been  a  serious  movement  in  our  rear.  General  Jackson 
immediatdy  dispatched  two  hundred  men  of  General 
Coffee's  Brigade,  with  the  pithy  order  to  attack  the 

*  Latoar'B  Memoir,  p.  187. 


4\l  ■  ^ 


•I  -    •    I'.'r-^  ■ 

>    •      ■■\n'  IP'  ■  'I 


V  .■•*!, 


■         ■-'  ■■;■  ^.v   it  n 

■-,-:■        ;V' 


>  • ' 


'rif<- 


'■■'  -Ut. 


•'-•.■;■,' . 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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33  WKT  MAM  STNIT 

WltSTIR,N.Y.  M5M 
(716)173-4903 


> 


^ 

> 


^ 


400 


MOVEMENTS   OP   THE   ENEMY. 


[1814. 


'J '*■■(' 


r-1 


.^;-t 


.1.'  •„  :>T 


^5 


enemy  boldly  and  drive  him  into  the  bayou.  With 
great  promptitude,  these  men,  although  it  was  raining 
heavily  at  the  time,  and  although  they  sank  knee-deep  into 
the  mud,  pushed  on  to  the  point  indicated,  where  they 
found  nothing  but  a  drear}'  solitude  whose  silence  was 
disturbed  only  by  the  croaking  of  frogs. 

General  Jackson,  however,  thought  it  prudent  to  as- 
certain whether  there  was  any  probability  that  the 
enemy  would  penetrate  in  that  direction.  In  conformity 
with  his  orders,  a  score  of  active  and  intrepid  woodsmen 
went  down  the  Piernaa  Canal  into  Bayou  Bienvenu  as 
far  as  its  junction  with  Bayou  Mazant,  occasionally 
climbing  up  trees  on  their  banks  to  see  if  they  could  dis- 
cover any  enemy.  When  they  approached*  t^e  junction 
of  the  two  bayo'is  they  perceived  that  the  British  had 
established  at  that  spot  a  fortified  inclosure,  or  kind  of 
breastwork,  within<  which  they  had  built  magazines  for 
stores,  which  were  guarded  by  a  strong  detachment,  and 
that  they  kept  an  advanced  sentinel  posted  in  a  tree 
which  commanded  a  view  of  the  whole  prairie  and  of  the 
bayou.  0»e  man  also  discovered  five  small  vessels  as- 
cending Bayou  Bienvenu,  with  sailors  looking  out  fi-om 
the  mast-head.  These  vessels,  it  seems,  were  on  a  scout- 
ing expedition,  and,  as  they  advanced,  parties  would 
come  out  of  them  and  set  on  fire  the  tall  prairie  grasis, 
in  order  to  drive  away  any  human  being  to  whom  it 
might  offer  a  place  of  concealment.  These  precautions 
taken  by  the  enemy  were  looked  upon  as  indications 
that  he  was  fearAil  of  an  attack  in  that  direction,  instead 
of  meditating  one  against  vi» — which  would  not  have 
been  an  unfounded  apprehension  on  his  part,  if  we  had 
been  better  supplied  \rith  boats  and  stronger  in  troops. 
In  that  case,  we  might  have  surprised  his  post  at  the 

•  liatoar'*  Memoir,  p.  140. 


:f'4 


1814.] 


ARBIVAL   OF  THE   KENTUCKIANS. 


461 


month  of  Viller^'s  Canal  and  endangered  his  communi- 
cation with  his  fleet. 

On  the  4th  of  Jannajy  we  were  highly  elated  at  the 
arrival  of  two  thousand  two  hundred  and  fifty  Kentuek- 
ians,  under  the  command  of  Major-General  John  Thomas 
and  Brigadier-General  John  Adair,  but,  unfortunately, 
only  five  hundred  and  fifty  of  those  men  were  properly 
armed.  "  Hardly,"  wrote  Jackson  to  the  Secretary  of 
War,  "  one-third  of  the  Kentucky  troops  so  long  ex- 
pected have  arrived,  and  the  anus  they  have  are  not  fit 
for  use."  It  was  more  apparent  than  ever  that  the  Fed- 
eral Government  had  done  nothing  for  the  defence  of 
Louisiana,  and  that  so  mnch  imbecility,  or  neglect,  was 
to  be  remedied  by  the  genius  of  the  Commander-in-Chief 
and  by  the  patriotism  of  the  invaded  State.  Both  were 
certainly  left,  in  a  great  degree,  to  their  own  resources. 
Not  only  were  many  of  the  militiamen  totally  unpro- 
vided with  arms,  but  they  were  also  destitute  even  of 
clothing,  and  yet  the  season  was  inclement,  and  the  ex- 
posure and  hardships  to  be  incurred  were  of  a  nature  to 
try  the  most  robust  constitution.  The  indefatigable 
Louaillier  immediately  obtained  from  the  L^islature  the 
appropriation  of  a  sam  of  money  which  was  put  at  the 
disposal  of  a  Committee  for  their  relief,  and  a  consider- 
able additional  sum  was  procured  by  private  snbsorip- 
tioUj  m?Mng,  with  the  amount  voted  by  the  Legislature, 
more  than  sixteen  thousand  dollars,  with  whieh  blankets 
and^woolens  were  purchased  and  distrilmted  among  the 
ladies  of  New  Orleans,  to  be  made  into  «lothe«.  Within 
one  Week,  twelve  hundred  blimket  doakt^  two  hundred 
Lod  seventy-five  waisteoats,  eleven  hundfiad  and  twenty- 
seven  pairs  of  pantatoons,  eight  hundred  shirts,  four 
hundred  and  ten  pairs  of  shoes,  mid  a  great  numbw  of 
mattresses,  were  m^e  up,  or  purchased  ready  made,  and 
distributed  among  those  of  our  brethren  in  arms  who 


f 


'^ 


462 


THE   WOMEN   OP  LOUISIANA*  «» 


11B14. 


km 


■w 


stood  most  in  need  of  them.  On  that  occasion,  as  daring 
the  whole  war,  the  women  of  Louisiana  pre-eminently 
showed  that  patriotism  and  complete  devotion  which,- on 
snch  emergencies,  their  sex  so  frequently  exhibited  in  all 
ages  of  the  world.  An  old  widow  eokd  rich  inhabitant 
of  Attakapas,  named  Devins  Bienvenu,  after  sending  her 
four  sous  to  the  defence  of  New  Orleans,  wrote  to  Gov- 
ernor  Claiborne  that  she  sincerely  regretted  having  no 
other  sons  to  offer  to  her  country,  but  that,  if  her  own 
services  in  the  duty  of  taking  care  of  the  woimded 
should  be  thought  usefal,  notwithstanding  her  advanced 
age  she  would  hasten  to  New  Orleans  for  that  purpose.* 
No  less  enthusiastic  was  aMissSauv^,  Ih^i  in  the  bloom 
of  youthful  beauty,  when  she  replied  to  a  Britishofiicer, 
made  prisoner,  who  permitted  himself  to  sneer  at  the 
admiration  she  expressed  for  the  Tennesseeana :  ^^  Major, 
I  had  rather  be  the  wifef  of  one  oi  those  hajpdy  and 
coarsely  clad,  but  brave  and  honest  mtoi,  who  have 
marched  tibtrough  a  wilderness  of  two  thousand  miles  to 
fight  for  the  honor  of  their  coun^^  than  wear  an 
English  eoroneV^  These  anecdotes  are  relate  as  mani- 
festations of  feelings  which  were  oommon  to  all  the 
mothers,  wives  and  daughters  of  Louisianiaus  in  r  the  day 
of  d^  Ty  and  which,  no  doubt,  have  been  bequeathed 
umin;  ^ed  to  their  present  posteraty^ 
^  Thus  far  the  enemy  had  been  completely  foiled,  and 
we  gaire  <'him  no  repose  in  the  intervak  of  his  attacks. 
The  boom  of  our  artilleiy  waa  eonstMitly  sotutding  in 
his  ears,  day  and  nigfa^  and  ourbaUs  oontinaed'tocftiry 
destriietion  into  his  lankt.  «  Wherever^  a  gioup  of^  four 
or  &\pe^  ^-coats  i^owed  theinselvefl^tbith^  flew  uistiUfi 
of  daatk  By  this  iaoessant'Cftnaonade  we  gained  a 
doitbhi^itdYfti^)age :  iMw.ex^msad  our^^umeisy  and<«iMk»thie 


iiPf 


•41^ 


^  LAtour's  'Siem.clif,  p.  320. 

f  Alei.  Walfcw'B  Lift  of  Oonenl  Jaduon,.  p.  18B. 


1815.] 


ARBIVAL   OF  BRITISH   REINFOBOEMENTS. 


468 


same  time  interpupted  the  works  of  the  enemy  during 
the  day,  and  his  rest  at  night.  His  deserters  were  nu- 
merous and^bj  them  we  learned  that  Major-Greneral  Lam- 
bert had  anived  with  an  expected  reinibrcement  of 
troops,  and  that  a  genend  attatok  would  shortly  be  made. 
For  som<9  days  we  had  also  obseiTed  that  b^ween  the 
fleet  and  Bayou  Bienvenu  there  ivsoan  unusually  active 
communication.  We,  therefore,  prepared  to  meet  the 
coming  confiict,  which  probably  would  be  the  one  that 
would  decide  the  fate  of  Louisiana.  Reinforcements  were 
sent  to  General  Morgan  o&  the  other  side  «xf  the  rivw, 
and,  at  the  conAuence  of  the  PiernasOantilandv  Bayou 
Bienvenu,  a  post  of  cavidry  was  established,  to  give 
prompt  inftjr&iation  of  any  oocurirence  in  that  direetiom 

I  On  the  6th,  weleanM»d  from  prisoners  that  the  enemy 
was  digging  out  Canal  Yiller6  and  extending  it  to  the 
river,  in  order  to  get  a  passage  for  his  boatSi  On  t^at 
day,  and  on  the  following  one,  there  was  more  stir  and 
bustle  m  the  British  camp  than  usuaL  Canal  YiUere 
Bwanned  with  soldiers  and  Bailors,  who^  thick  as  bees, 
seemed  to  be  dragging  boats  ',lK>di^  o^  troops  were  kept 
in  moticm^  exerokding  or  reviewing;  imd  oMier  prepara- 
tions were  on  foot^  whichf  eveu  to  axi  unmiHtory  eye, 
announced  an  appioacMng  atcack.  To  resisit  it,  what 
was  the  condition  of  omr  ]ine%  which  were  drawn  within 
oidy  fi-ve  miles  of  New  Orleans?  ^On  theur  eidremity 
near  the  river,  we^had  an  uniinished  xedoubl  with  two 
six'pottnders,  and  a  abuAlow  fosse  withoa<^  waiter  in  con- 
sequence of  the  ML  of  the  river.  The  Rodri§oez  Canal, 
which  btd  Mtther  the  appeasaiiDe  of  &  diAiilin^  diteh  than 
aeaaa^  had; been  ^icavated)  and  the «ast1i <thB)wiL  on 
the  left  side,  Vi4i«r8  had  been  kdd  thai  ivdblchlftd  been 
originally^  dug  out^^  A  panqpeti  ruaaibg  aidoog  that  «canal 
had  been  hastily  constraeted,)  and  ihe  other  side  of  ^e 
canal,  being  but  little  elevated  show  the  soil,  formed  a 


-;r  <  t^'*  tell 


^%: 


'T>-'.     l'/.^ik'-»S    .Vat.   - 


:t.- 


■  ......     •;,.'^-f'v,. 


fi.  ;,? 

■■'■■)-';• 


464 


DESCWPTION   OF  OrR   LIKES. 


[1816. 


^* 


5^# 


ml- 


kind  of  glacis.  To  prevent  the  earth  of  the  parapet  from 
falling  into  the  canal,  it  was  lined  with  all  the  rails  of 
the  fences  in  the  neighborhood.  These  works  were  done 
under  unfavorable  circumstances,  by  different  hands, 
which  were  frequently  changing  in  consequence  of  fre- 
quent mutations  in  the  disposition  of  our  troops,  and 
during  incessant  rain.  Much  regularity  and  system  could 
not  therefore  prevail,  although  there  had  been  much 
good  will  to  do  right,  and  earnest  exertions  to  accomplish 
all  that  could  be  done.  Hence  the  parapet  was  in  some 
places  thicker  and  higher  than  at  others,  and  sometimes 
twenty  teet  thick  at  the  top,  when  it  was  only  five  feet 
high,  whilst  in  other  places  the  base  was  so  narrow  that 
it  was  easily  perforated  by  the  enemy^s  balls,  although 
this  defect  yr<is  subsequently  remedied.  It  is,  therefore, 
wonderfr'l  that  tho  heavy  cannonade  of  the  1st  of  Jan- 
uary, carried  on  by  twenty<eight  pieces,  did  not  produce 
a  disastrous  effect. 

'  The  site  of  these  lines,  however,'%ad  been  judiciously 
selected.  They  were  established  at  a  point  where  the 
cypress  swamp  which  follows  laterally  the  ooui'se  of  the 
river  projected  toward  its  bank,  and  lefb  the  least  ii^ter- 
vening  space  between  the  two,  fr^m  Viller^'s  plantation 
up  to  New  Orleans.  The  length  of  these  lines  was  about 
half  a  mile,  and  after  penetrating  some  distance  into  the 
swamp,  they  tur&ed  at  right  angle  toward  the  dty. 
The  breastwork  of  that  p«rt  of  the  lines  which  ex- 
tended through  the  wood  and  swamp  was  not  thicker 
than  necessary  to  resist  musketry,  k  was  formed  of  a 
double  row  of  logs,"*  Md  one  over  the  other^  leaving  a 
space  q|  two  feet  which  was  Mled  up  with  earth. 
Along  mie  part  of  the  lines  ran  a  banquette;  in  some 
parts  the  height  of  the  breastwork  above  the  soil  was 
hardly  sufficient  to  cover  the  men.    These  fortifications. 


1816.] 


ADMIRABLE   BEHAVIOR   OF   OUR   TROOPS. 


4C5 


if  they  deserve  such  a  name,  were  armed  with  only  twelve 
pioce9  of  artillery  of  various  calibre,  and  were  to  resist 
the  attack  of  an  arm}'  of  fourteen  thousand  regulars,  be- 
longing to  the  wealthiest  nation  of  the  world,  and  equip 
ped  with  all  the  completeness  which  was  to  be  expected 
from  her  resources.  At  the  left  extremity  of  the  lines 
near  and  in  the  swamp  were  the  hardy  Tennesseeans  of 
Carroll's  and  Coffee's  Brigades,  and  a  part  of  the  Ken- 
tucky tro<^%  It  was  there  that  they  gave,  without  be- 
ing conscious  of  it,  a  memorable  example  of  those  vir- 
tues which  ought  to  characterize  th^  soldier,  and  showed 
lowers  of  endurance  which  surpassed  theii*  bravery, 
great  as  that  was.  The^e  they  waded  in  mud,  knee-deep, 
during  the  day,  and  they  slept  on  it  at  night  in  the  best 
way  they  could.  To  make  their  quarters  still  more  uncom- 
fortable, it  rained  most  of  the  time ;  the  cold  was  pinch- 
ing, and  they  were  but  indifferently  provided  with  tents. 
But,  although  their  ha'dshipa  were  extj'eme  in  these  do- 
mains of  the  alligator ;  although  the  dreai;y  sights  around 
them  were  sufficient  to  produce  some  feeling  of  despond- 
ency; although  the  melancholy-looking  cypress,  hoary 
with  the  long  gray  moss  of  our  Southeim  latitude,  reared 
its  g^ui^t,  funereal  form  over  their  heads ;  although  iar 
distant  fipom  their  home  and  all  that  was  left  there  dear 
tothe  hear^iy  yet  not  a  word  of  .w;ail,  not  a  syllable  of 
discontent  did  they  utter.  They  showed  heroic  resigna- 
tion, and  eveii  that  strange  kipd  of  alacrity  with  which 
a  noble  heart  bcaces  up  its  enei^^  to  encoutnter  uncom- 
mon daiigeis  ,Qr  sufferings.  What  is  here  said  of  the 
Tennessfi^an^  is  applicable  to  all  our  troops.  They  all 
exhibjljbed  1«1^<B  save  qualifications;  they:  wen^  fiflual  to 
the  ep^ge|u^;  i^^y  more  than  met  the  exacftin^expec- 
tatip|ii|i.,((>jf^^^  a  man  aff  Geiieral  Jackson;  ^ey  were 
a  unit;, llipyjall^  thought)  and  acti^  as  men  should, 
when^jthe^i^jC^  an  enemy's  camp  has  been  lighted  in 

30 


■'•v.i;-  .■'■  m^'"!:' ■ 


...M.;.-:''-  ^: '-'':■■■:■:■  \-/   ■ 
'■:.*'■■  ■■  -'is:.' 

•  ..i  ■■  ,.>.  .t~.'  '  1; 
■    .;^'V^'''^■K:'i'■'': 

"     ■     ■  :■:  V-,j:'".  ■(: 
•      ■      ..■;>  :;•..'  .K;  •  V. 

'  -  ■  ' ■  i-\St-H-y<^ 

>'•;,'■.•.  -rn,i-.' ="■,•;■;■?, -ifJi;",-'  t 
r'  ■'■•••..  <-*-i.'i---&ri^r-*' " 

•    -"    J- :  ■ .  .V.> V  J!'      1 


466 


.    FULL  PEEPABATIONS  ON   BOTH  SIDES. 


[1816. 


|'Hv;ji4ii 


sight  of  those  paternal  roofs  where  throb  with  anmety 
the  hearts  of  old  men,  women  and  children.  Hence  it 
was  that  our  lines,  although  weak  in  appearance,  were 
strong  in  reality. 

General  Jackson  was  fiolly  aware  that,  on  the  6th,  the 
enemy  was  preparing,  as  stated  before,  for  a  more  seri- 
ous attack  than  any  he  had  yet  made.  But  against 
what  point  was  that  attack  to  be  directed )  Was  it 
against  our  lines  on  the  left  side  of  the  river,  or  against 
General  Morgan  on  the  right  side  ?  All  doubts  van- 
ished on  the  evening  of  the  7th,  it  having  become  evi- 
dent that  the  enemy  had  made  up  his  mind  to  storm  our 
breastworks.  "With  the  aid  of  telescopes  we  discovered 
a  number  of  soldiers  making  fascines  and  scaling-ladders ; 
officers  of  the  staff  were  riding  about,  and  stopping  at  the 
different  posts,  as  if  they  carried  orders ;  ^e  artillery 
was  in  motion ;  troops  were  marching  to  and  fro ;  the 
pickets  had  been  increased  and  stationed  near  each  other ; 
at  sunset,  the  enemy's  guards  were  reinforced,  probably 
to  cover  his  movements.  When  night  came  sounds  wore 
heard,  the  import  of  which  it  was  not  difficult  to  under- 
stand. Numbers  of  men  were  evidently  at  work  in  all 
the  batteries ;  the  strokes  of  th%ihammer  were  loud  and 
distinct ;  and  the  reports  of  our  outposts  confirmed  our 
conjectures.  In  our  camp  there  was  that  composure 
which  generally  is  the  harbinger  of  victory,  and  which 
in  our  troops  was  the  result  of  their  confidence  in  their 
chief  and  in  themselves.  Officers  and  men  were  ready 
to  spring  to  action  at  the  first  signal,  and  during  the 
night,  from  tim^  to  time,  fresh  troops  relieved  those 
whiciyiad  remained  under  arms.  Our  lilies  were  de- 
fended by  three  thousand  two  hundred  men,  Gen- 
eral Jackson  having  detached  fi^>m  th^  four  thousand  he 
had  on  h^d  eight  hundred,  to  gnai'd  our  camp,  to  pro- 
tect the  Piemas  Canal,  and  for  other  purposes.    In  front 


1815.] 


BATTLE   OF  THE   8t1I  JANUABY. 


467 


of  this  small  body  of  militia,  and  of  a  line  of  defence 
which  would  have  elicited  a  smile  of  contempt  from  a 
Eui'opean  military  man,  were  drawn  up  from  twelve  to 
fourteen  thousand  of  the  best  troops  of  England,  sup- 
ported by  a  powerful  artillery.  There  eould  hardly  be 
a  more  unequal  contest ;  but'  it  was  with  no  other  feel- 
ing than  a  sort  of  stern  cheerfulness  that  our  troops  sur- 
veyed this  disproportion  of  forces. 

A  little  ^before  daybreak  on  the  8th  the  enemy  began 
moving  toward  our  lines,  and  our  outposts  came  in  without 
noise,  reporting  his  advance.  As  soon  as  there  was  suf- 
ficient light  for  observation,  hif*  position  was  clearly  ascer- 
tained, and  he  was  seen  to  occupy  about  two-thirds  of  the 
space  extending  betwt)en  the  wood  and  the  river.  Immedi- 
ately a  Congrevo  rocket  went  up  from  the  skirt  of  the  wood. 
It  was  the  signal  for  the  attack.  One  of  our  batteries 
responded  by  a  shot,  and  at  the  same  moment  the  British, 
giving  three  cheers,  formed  into  a  dose  column  of  about 
sixty  men  in  front,  and  advanced  in  splendid  order,  but 
with  too  slow  and  measured  steps,  chiefly  upon  the  bat- 
tery commanded  by  Garrigues  flaugeac,  which  consisted 
of  a  brass  twelve-pounder,  and  was  supported  on  its 
left  by  an  in' %nificant  battery  with  a  smisdl  brass  car- 
ronade,  which  "ould  render  but  very  little  service  on 
account  of  the  ill  condition  of  its  carriage.    These  two 

^batteries  were  the  nearest  to  the  wood,  aiid  agahist  them 
the  main  attack  was  evidently  directed.  Flaugeac'^ 
battery  opened  upon  the  advancing  column  an  incessant 
fh*e,  indifferently  supported  by  the  smaE  canonade  on, 
its  left,  and  more  powerfully  on  its  right^  by  a  long 
'brass  eighteeh-pound  culvorine  and  a  siz-pdi!Uiaer,  com- 

^^  banded  by  lieutenants  Spotts  and  Chauveau,  and  served 
by  gunnerB  of  the  United  States  altUlery.  A  shower  ol 
rockeits  l>l'eoeded  the  storming  ooltiton,  which  was  pro- 
vided with  fiUK^nes  and  ladders.    Tha^  part  of  our  in- 


♦ 


•T'i'-.ijl,,, 


•  J 


.-.'■.••■*•■..  >**  ; 

•',  ■  "i    -a'   !   'V  **" 

•  '"';'*  )'.•'''■ 
■■.'  •■■'i'j' 

,■■;-,'■■:■■■'  fA' 

'■li  ("■ 

'■';.'''••-''*  * 


468 


BATTLE   OF  THE   StII   JANUABT. 


[1815. 


rt! 


trencHments  was  defended  by  the  Tennesseeans  and 
Kentuckians,  who  shot  at  will  with  such  rapidity,  that 
their  whole  line  seemed  to  be  but  one  sheet  of  fire.  So 
eflFective  were  the  incessant  discharges  of  the  artillery 
and  musketry^  which  rolled  like  uninterrupted  peals  of 
thunder,  that  the  British,  betbre  they  had  gained  much 
ground,  gave  signs  of  confusion.  The  officers  were  seen 
animating  their  men,  and  urging  them  onwfU'd  when 
they  wavered.  An  oblique  movement  vAd  made  to 
avoid  the  terrible  fire  of  the  Flaugeac  battery,  from 
which  every  discharge  seemed  to  tear  open  the  column 
and  sweep  away  whole  filei^  But  new  men  would,  each 
time,  rush  to  fill  up  those  fearful  gaps,  and  the  column 
still  advanced  steadily  and  heavily.  A  few  platoons 
had  even  succeeded  in  reaching  the  edge  of  the  ditch  in 
front  of  our  lines,  when  the  main  column  of  attack,  stag* 
gering  under  the  irresistible  fire  of  our  batteries,  broke 
at  last  after  an  ineffectual  struggle  of  twenty-five  min- 
utes— some  of  the  men  dispersing,  and  running  to  take 
shelter  among  the  bushes  on  their  right,  and  the  rest 
retiring  to  a  ditch  where  they  had  been  stationed  when 
first  perceived,  at  a  distance  of  about  four  hundred  yards 
from  OUT  lines.  There  the  officers  rallied  their  troops, 
ordered  them  to  lay  aside  the  heavy  knapsack  with 
which  they  were  encumbered,  and,  being  reinforced  by 
troops  which  had  been  kept  in  reserve,  led  back  their 
battalions  to  renew  the  attack.  This  time,  having  ex- 
perienced the  nature  of  the  fire  which  expected  them  in 
front,  the  British  advanced  more  rapidly,  without  pre- 
tending tq  observe  the  slow  parage,  precision  and  regu- 
lar! ty  whitth  had  been  already  so'  fatal  to  them.  They 
came  very  near  our  lines,  irregularly,  with  some  confu- 
sion, but  with  exeufpiary  couf age.  They  met,  however, 
the  same  o^a^helming  hail-storm  of  grape  and  bullets 
from  our  artillery  and  musketr}'.    Sir  £dward  Packen- 


1S16.] 


BATTLE  OF  THE  StU  JAJnTART. 


.69 


ham,  commander-in-chief,  lost  his  life  whilst  gallantly 
leading  his  troops  to  the  assault ;  soon  after,  Majo^Gen- 
cral  Gibbs  was  carried  away  from  the  field,  mortally 
wounded ;  then  fell  Major-General  Keane,  also  severely 
wounded,  with  a  great  number  of  officers  of  rank,  who 
had  assumed  the  most  dangerous  positions  to  encourage 
their  subordinates.  The  ground  was  literally  strewed 
with  the  dead  and  wounded.  Further  to  advance  seemed 
to  be  courting  destruction  for  every  man.  A  feeling  of 
consternation  pervaded  the  ranks,  whicfi  broke  for  the 
second  time  in  the  utmost  confusion.  In  vain  did  the 
officers  throw  themselves  in  the  way  of  the  fugitives ; 
vain  were  their  appeals  to  the  sense  of  honor  and  the 
love  of  counti^ ;  vain  were  their  threats  and  reproaches ; 
vain  were  the  blows  which  they  were  see^i  to  give  with 
the  flat  of  their  swords ;  the  men  were  demoralized ;  and 
all  that  remained  to  be  done  was  to  lead  them  back  to 
the  ditch  from  which  they  had  come  in  an  evil  hour,  and 
which  they  could  not  be  prevailed  upon  to  leave  for  a 
third  attack.  In  that  safe  cover  they  remained  drawn 
up  for  the  rest  of  the  day. 

Whilst  this  was  occurring  on  the  edge  of  the  wood,  a 
false  attack  had  been  made  in  the  wood  itself,  chiefly  by 
some  black  troops ;  but  it  was  faint  and  languid,  and 
easily  repulsed  by  Coffee's  Brigade.  On  our  right  near 
the  river  there  had  also  been  another  false  attack,  con- 
ducted with  tar  more  vigor  by  Colonel  Rennie.  This 
column  had  pushed  on  so  precipitately,  and  had  followed 
so  closely  our  outposts,  that  they  reached  our  unfinished 
redoubt  before  we  could  flre  more  than  two  discharges. 
To  leap  into  the  ditch,  to  get  through  the  embrasures 
into  the  redoubt,  to  climb  over  the  parapet,  to  overpower 
our  men  by  superior  numbers,  was«but  the  affair  of  an 
instant.  Colonel  Rennie,  although  severely  wounded  in 
the  leg,  attempted  next,  at  the  head  of  his  men,  to  clear 


■■  -^  .^-mk"  L 

'   •  *"!i  VT  ■  • 
'    •■  V.v,  'i<-: 

■    .■      ■■■'■  ■■■  :f-r  ■ 


'  V  rv: 


470 


BATTLE  OF  THE  8tH  JANVABT. 


[181S. 


'-si.' 


lev 
-'■V.I-  .  -.- 

■1.  ffs 


10 


the  breastwork  of  the  intrenchmentB  in  the  rear  of  the 
redoubt,  but  now  he  had  to  meet  the  intrepid  Orleans 
Riflemen,  under  Captain  Beale,  who  had  so  mnch  dis- 
tinguished themseh'es  in  the  battle  of  the  28d.  Colonel 
Rennie,  however,  had  the  honor  to  scale  those  breast- 
works with  two  other  ofBeers,  and  already  waving 
his  sword,  he  was  shouting :  ^*  Hurra,  boys,  the  day  is 
ours,^'  when  he  fell  back  a  corpse  into  the  ditch  below 
with  his  two  companions,  who  shared  his  noble  fate ; 
and  soon  after,  the  redoubt  was  retaken  fix>m  their  dis- 
heartened followers.  It  is  fortunate  that  the  two  other 
attacks,  particularly  the  main  one,  had  not  been  con- 
ducted with  the  same  impetuosity. 

During  this  attack  two  British  batteries  had  kept  up 
a  warm  engagement  with  some  of  our  centre  batteries, 
by  which  they  were  at  last  demolished.  As  on  the  1st 
of  January,  the  first  discharges  of  the  enemy^s  artillery 
had  been  concentrated  upon  the  house  occupied  as  head- 
quarters by  General  Jackson.  But  ihis  time  he  was  not 
in  it,  and  the  only  mischief  done,  at  a  prodigious  ex- 
pense of  balls  and  shells,  was  the  knocking  down  of  four 
or  five  pillars  of  the  house,  and  the  inflicting  of  a  con- 
tusion on  the  shoulder  of  Migor  Chotard,  Assistant  Ad- 
jutant-General. Commodore  Patterson,  on  the  other 
side  of  the  river,  had,  simultaneously'  with  our  lines, 
opened  a  heavy  fire  on  the  enemy  from  his  marine  bat- 
tery, until  he  was  stopped  by  the  landing  of  the  British 
troops  which  had  been  sent  to  dislodge  General  Morgan. 
His  fire  proved  very  destructive,  *^  as  the  British  columns, 
in  their  advance  and  retreat/  says  the  Commodore  in 
his  report  to  the  Secaretary  of  ihe  Navy,  ^  afforded  a  most 
advantageous  opportunity  for  the  use  of  grape  and  can- 
ister.^ The  battle  did  not  last  more  than  one  hour.  At 
half-past  nin^  it  was  all  over,  although  the  cannonade 
between  the  Mteries  continued  imtil  two  o'clock.    The 


1815.] 


t 


BATTLE  OV  THE  StH  JAXUART. 


471 


loss  of  the  enemy  was  eDormous,  amounting  to  near  three 
thousand,  which  was  about  one^half  of  the  number  of 
his  men  supposed  to  be  engaged.  This  loss  will  appear 
still  more  extraordinary,  when  it  is  considered  that  the 
eiiemy  had  encountered  only  half  of  our  troops,  as  he 
was  out  of  the  range  of  the  musketr}-  of  our  centre, 
which  was  not  even  threatened  during  the  whole  engage- 
ment. Our  loss  was  incredibly  small,  not  exceeding 
thirteen.  '^  After  his  retreat,  the  enemy/*  says  Major 
Latour,  *'  appeared  to  apprehend  that  we  should  make  a 
sortie  and  attack  him  in  his  camp.  The  soldiers  were 
drawn  up  in  the  ditches  in  several  parallel  lines,  and  all 
those  who  had  been  slightly  wounded,  as  soon  as  their 
wounds  were  dressed,  were  sent  to  join  their  corps,  in 
order  to  make  their  number  of  effective  men  appear  the 
greater,  and  show  a  firm  countenance." 

The  same  author,  whose  Historical  Memoir  on  the  War 
in  West  Florida  and  Louisiana  in  1814-15  is  so  accurate 
and  valuable  a  narrative,  makes  in  that  work  the  follow- 
ing critical  conunentaries  on  the  battle  of  the  8th  of 
January : 

**  I  deem  it  my  indispensable  daty  to  do  jnstioe  to  the  intrepid 
bravery  displayed  in  thait  attack  by  the  British  troops,  especially 
by  the  officers.  If  anything  was  wanted  toward  the  attack's  being 
conducted  with  judgment  (speaking  in  a  general  and  military  point 
of  view),  it  was,  in  iny  opinion,  that  they  did  not  in  the  onset  sac- 
rifice the  regularity  of  their  movements  to  promptitude  and  celer- 
ity. The  oolumn  marched  on  with  the  ordinary  step,  animating 
their  courage  with  bnzias,  instead  of  pushing  on  with^x«(f  bayonets 
au  pas  de  charge.  But  it  is  well  known  that  agility  is  not  the  dis- 
tinctive quality  of  British  troops.  Their  movement  is  in  general 
sluggish  and  ^Uffioult,  steady  but  too  precise,  or  at  least  more  suit- 
able for  a  pitched  battle,  or  behind  intrenchments,  than  for  an  as- 
sault. 'Die  Britislvsoldiers  showed,  on  this  occasion,  that  it  is  not 
without  reason  they  are  said  to  be  deficient  in  agility.  Tho  enor- 
tnous  load  they  had  to  carry  contributed,  indeed,  not  aiittle  to  the  dif- 
iioulty  of  their  movement.  Besides  their  knapsacks,  usually  weigh- 
ing nearly  thirty  pounds,  and  their  musket  too  heavy  by  at  least 


i  ..•f-J"'V>4| 


\X:4-^ 


;-?»•?■ 


•  •'■•■>' fell 


:»■        -  •  "ll  ■ '    1 '   "■■" 


.-.t- 


vii.-r 


-1 '-/;■: 


472 


COMMENTS   ON   THE   BATTLE. 


[1815. 


■,v.V^i« 


Mp^^P 


■■•*.■  ■', - 


# 


^ 


one-third,  alitnost  all  of  them  had  to  cany  a  tawine  from  nine  to 
ton  inches  in  diameter  and  four  feet  loig,  made  of  sugar-canes  per- 
fectly ripe,  and  consequeatly  very  heavy,  or  a  ladder  from  ten  to 
twelve  feet  long. 

"The  duty  of  impartiality,  incumbent  on  him  who  relates  mili- 
tary events,  obliges  me  to  observe  that  the  attack  made  on  Jack- 
son's lines  by  the  British,  on  the  8th  of  January,  must  have  been 
determined  on  by  their  Generals,  without  any  consideration  of  the 
ground,  the  weather,  or  the  di^culties  to  be  surmounted,  before 
they  could  storm  lines  defended  by  militia  indeed,  but  by  militia 
whose  valor  they  had  already  witnessed,  with  soldiers  bending 
under  the  weight  of  their  load,  when  a  man,  unencumbered  and  un- 
opposed, would,  that  day,  have  found  it  difficult  to  mount  our 
breastwork  at  leisure  and  with  circumspection,  so  extremely  slip- 
pery was  the  soil.  Yet  those  officers  had  had  time  and  abundant 
c  pportunity  to  observe  the  ground  on  which  the  troops  were  to 
act.  Since  their  arrival  on  the  banks  of  the  Mississippi,  they  had 
sufficiently  seen  the  effects  of  rainy  weather,  to  form  a  just  idea  of 
the  difficulty  their  troops  must  have  experienced  in  olimbiug  up 
our  intrenchments,  even  had  the  column  been  suffered  to  advance 
without  opposition  as  far  as  the  ditch.  But  they  were  blinded  by 
their  pride.  The  vain  presumption  of  their  superiority,  and  their 
belief  that  the  raw  militia  of  Kentucky  and  Tennessee,  who  now 
for  the  first  time  had  issued  from  their  fields,  could  not  stand  before 
the  very  sight  of  so  numerous  a  body  of  regular  troops  advanc- 
ing to  attack  them,  made  them  disregard  the  admonition  of  sober 
reason.  Had  they  at  all  calculated  on  the  possibility  of  resistance, 
they  would  have  adopted  a  different  plan  of  attack,  which,  how- 
ever, I  am  far  from  thinking  would  have  been  ultimately  successful. 

"  It  has  been  reported  that  divisions  prevailed  in  a  council  of 
war,  and  that  Admiral  Cochrane  combating  the  opinion  of  Gener- 
al Packenham,  who,  with  more  judgment,  was  for  makuig  the  main 
attack  on  the  right  bank,  boasted  that  he  would  undertake  to  storm 
our  lines  with  two  thousand  sailors  armed  only  with  swords  and 
pistols.  I  know  not  how  far  this  report  may  deserve  credit,  but  if 
the  British  commander>in-chief  was  so  unmindful  of  what  }^e  owed 
his  country,  who  had  committed  to  his  prudence  the  lives  and  hon- 
ors of  several  thousands  of  his  soldiers,  as  to  yield  to  the  iU-judged 
and  rash  advice  of  the  Admiral,  his  memory  witl  be  loaded  with 
the  heavy  chai|(e  of  having  sacrificed  reason  in  a  moment  of  ir- 
ritation, though  he  atoned  with  his  life  for  having  acted  contrary 
to  his  own  judgment." 


h:«^' 


1816.] 


>*.■ 


MARSHAL   SOULT's   OPIITION. 


473 


*  It  may  not  be  uninteresting  to  know  what  so  compe- 
tent a  judge  as  MltMn^bal  Soult  thought  of  that  battle. 
Major  Davezac,  who  hfld  acted  on  that  occasion  as  a  vol- 
unteer aid  to  General  Jackson,  and  who,  many  years 
afterward,  when  Jackson  was  President  of  the  United 
States,  represented  our  government  in  Holland,  having 
obtained  a  fiirlough,  went  to  Paris,  where  he  met  Mar- 
shal Soult,  who  was  then  acting  as  Secretary  of  War. 
The  old  veteran  expressed,  in  relation  to  the  battle  ^f 
the  8th  of  January^  the  keenest  desire  to  obtain  such  in- 
formation as  might  enable  him  to  foim  a  coiTeot  appre- 
ciation of  what  he  called  ''  a  most  unaccountable 
event;''  Major  Davezao  hi^pened  to  have  in  his  posses- 
sion the  mr.ps  and  other  materials  which  were  desired, 
and  which  he  accompanied  with  his  own  explanations. 
The  Marshal's  eye  was  soon  riveted  to  the  map,  and  his 
iinger  running  over  its  suiface  rested  on  the  wood. 
"  Sir,"  said  he,  "  this  mode  of  attack  is  incomprehensible. 
The  British  should  have  gone  through  that  wood  and 
flanked  you.— But  that  was  an  impitftstable  swamp. — ^You 
may  think  ao ;  I  do  not. — ^You  do  not  know  the  nature 
of  our  swamps. — ^I  may  know  more  of  them  than  you  are 
aware  of;  besides,  I  have  learned  enough  from  your  own 
lips  to  be  satisfied  that  a  horse  could  have  gone  through 
that  swamp ;  and  where  a  horse  palsses  a  man  can.  Sir, 
there  is  no  excuse  for  Greneral  Packenham.^' — Davezac 
maintained  the  contrary  opipion;  a  discussion  ensued; 
the  Marshal  grew  warm,  and  at  last,  shaking  his  fist^  an- 
grily exclaimed :  *^  Sir,  I  would  have  shot  that  blunderer 
for  the  destruction  of  that  $ne  army,  had  he  survived  and 
been  under  my  commilnd.  The  English  would  have 
done  the  sune,  if  he  had  returned  home.  They  are  not 
in  the  habit  of  forgiving  Such  things.  It  i»  well  for 
him  that  he  died  on  the  battJe-field.*' 
Marshal  Soult  was  right  as  to  the  nature  of  the  swamp. 


Sis 


^'^:'-,...,i-.*'f*<**-:;:,., 

. .  ■ "-  ■^■Mf^-  ■ 

K  ..J.  ■{>  :v^'  .>{  ^- 


.■>'i' 


474 


MILIIABY  OOMMENTABIES. 


[1815. 


■.'2>- 


n 


7."A- 


:f^: 


[t  was  not  impaesable,  althougli  tlie  nfles  of  tbe  Ter> 
seeans  raigbt  have  made  it  so  for  ail||r  body  of  troops 
who  might  have  attempted  to  penetrate  in  that  direction. 
Alexander  Walk^,  who,  in  his  "  Life  of  General  Jack- 
son," has  put  on  record  the  most  minute  details  concern- 
ing the  invasion  of  Louisiana  by  the  British,  after  hav- 
ing, with  indefatigable  industry  and  scrupulous  zeal, 
consulted  many  of  those  who  had  been  actors  or  eye- 
^7itDesses  on  that  occasion,  says:  "The  British  made 
another  discovery,  whicll  ingenious  and  quick-witted  peo- 
ple would  have  turned  to  better  use.  They  found  the 
horrible  swamp,  of  which  they^  stood  in  such  dread  that 
their  outposts  would  not  approach  within  a  hundred 
yards  of  its  edge,  and  of  which  such  marvelous  stories  are 
related  of  men  who  sunk  into  it  and  disappeared  forever 
from  sight,  quite  practicable  and  passable  for  light 
troops."  This  seems,  however,  not  to  be  admitted 
by  the  British ;  for  G-eneral  Lambert,  in  his  report  of 
the  10th  of  January  to  Lord  BatlTurst,  says  '^  that  the 
wood  had  been  ma^*  impracticable  for  any  body  of 
troops  to  pass."  But  if  the  swamp  or  wood  was  **  prac- 
ticable and  passable "  for  light  troops,  and  we  have  no 
doubt  of  it  from  the  information  which  we  have  received 
from  men  well  acquainted  with  that  locality,  Marshal 
Soult's  sagacity  stands  fully  conirmed,  and  his  harsh 
militar}'  comment  upon  the  mode  of  attack  was  founded 
on  what  he  considered  an  unjustifiable  piece  of  folly, 
stupidity  or  temerity.  The  &ct  is,  that  the  British 
advanced  against  the  American  lines  with  the  same 
splendid,  but  brainless,  fool-hardy  temerity  which,  late- 
ly in  the  Crimea,  drove  them  like  madmen  upon  the 
Russian  batteries,  to  be  slaughtered  and  defeated.  "  This 
is  magnificent,"  exclaimed  their  judicious  French  allies, 
when  witnessing  that  Quixotic  exhibition,  *'  but  this  is 
not  war."    The  same  exclamation  might  ha^e  been  ut- 


1815.] 


MILITABY  OOMMENTABIES. 


475 


tered  at  the  sight  of  the  assault  of  Jackson's  lines  by  tho 
British,  in  1816.  The  more  inexcusable  were  they  from 
the  fact  that  they  had  their  own  time  to  make  their  prep- 
arations for  the  attack  on  both  sides  of  the  river,  an<l 
could  bring  all  their  resources  into  action  without  im- 
pediment. Speaking  of  their  proliminary  ^operations, 
General  Jackson,  in  a  communication  to  the  Secretary  of 
War,  observes  :  ^  It  had  not  been  in  my  power  to  im- 
pede these  operations  by  a  general  attack.  Added  to 
other  reasons,  the  nature  of  the  troops  under  my  com- 
mand, mostly  militia,  rendered  it  too  hazardous  to  at- 
tempt extensive  offensive  movements  in  an  open  country 
against  a  numerous  and  well-disciplined  army." 

In  his  official  report  of  the  battle,  dated  on  the  9th  of 
January,  the  General  rendered  full  justice  to  the  troops 
to  which  he  was  indebted  tor  his  success.  He  said  :  ^^  I 
cannot  speak  sufficiently  in  praise  of  the'  firmness  and 
deliberation  with  which  my  whole  line  received  the  ap- 
proach of  the  enemy.  More  could  not  have  been  ex- 
pected from  veterans  inured  to  war.''  It  seems  that 
General  Jackson  would  have  ventured  out  of  his  intrench- 
ments  in  pursuit  of  the  enemy,  if  he  had  not  been  checked 
by  the  disaster  which  befell  our  arms  on  the  other  side 
of  the  river,  and  which  we  shall  presently  relate,  for  he 
added:  "The  entire  destruction  of  the  enemy  was  now 
inevitable,  had  it  not  been  for  an  unfortunate  occurrence 
which,  at  this  moment,  took  place  on  the  other  side  of 
the  river."  The  wisdom  of  such  a  mov^nent  on  his  part 
must,  however,  appear  questionable.  The  British,  al- 
though defeated  and  probably  demoralized,  were  still 
very  superior  in  numbers  to  our  troops,  and  the  fortune 
of  the  day  might  have  been  hazarded  if  we  had  oome  out 
of  our  intl^nchments.  As  to  our  casualties  in  the  battle, 
amounting  only  to  thirteen  killed  and  wounded,  a  num- 
ber which  seems  almost  fabulous  when  compared  to  the 


■■  .   •  '-•■■',4''  -?"   .'i?-'  « 

.'    •     •'■•1  .■■•■:•  >■ 


'■<  /;V 


■.;-..«"( ■".■It..   .;;  .     '.I. 

•  ■ -  'W-^v  ■ 


''*••' 


'       ,  V,  ,.  ■;'■■■;■  ■.•.'   i... 


■;( 


-^i;..:;.,:'.^;' 


476 


TBIBUTE  TO   OUB  TROOPS. 


[1816. 


i 

ft 

b 


Irf*;? 


'\J    ,' J   --,;.>.; 


well-ascertained  loss  of  at  least  two  thousand  six  hun- 
dred sustained  by  the  enemy,  General  Jackson,  in  the 
same  communication  to  the  Secretary  of  War,  remarked : 
"  Such  a  disproportion,  when  we  consider  thtj  number  and 
the  kind  of  troops  engaged,  must,  I  know,  excite  aston- 
ishment, and  may  not  everywhere  be  fully  credited ;  yet 
I  am  perfectly  satisfied  that  the  account  is  not  exagger- 
ated on  the  one  part,  nor  underrated  on  the  othei*." 

Our  troops  had  acted  with  intrepidity  during  the  com- 
bat. When  it  was  over,  they  manifested  commendable 
dignity  and  magnanimity.  We  quote,  with  pleasure,  ou 
this  subject  the  testimony  of  Major  Latour,  who  was  a 
foreigner,  although  in  the  service  of  the  United  States, 
and  who  may  fairly  be  supposed  to  be  more  impartial 
than  a  native  could  be.    He  says : 

"  At  the  time  of  the  preceding  attacks,  those  of  the  28th  Decem- 
ber and  1st  of  January,  after  oar  artillery  had  silenced  that  of  the  , 
enemy,  and  forced  his  troops  to  retire,  repeated  huzzas  from  the  ; 
whole  of  otir  line  rent  the  air;  the  most  lively  demonstrations  of 
joy  were  everywhere  exhibited  by  our  soldiers — a  presage  of  the 
fate  of  the  enemy  in  a  general  attack.     On  the  8th  of  January,  on 
the  contrary,  no  sooner  was  the  battle  over,  than  the  roar  of  artil- 
lery and  musketry  gave  place  to  the  most  profound  silence.    Flush- 
ed with  victory,  having  just  repulsed  an  enemy  who  had  advanced 
to  scatter  death  in  their  ranks,  our  soldiers  saw,  in  the  i^umerous 
corpses  that  strewed  the  plain,  only  the  unfortunate  victims  of 
war,  in  the  wounded  and  prisoners,  whom  they  hastened  to  attend, 
only  suffering  and  unhappy  men,  and  in  their  vanquished  enemies 
brave  men  worthy  a  better  cause.    Elated  with  their  success,  but 
overpowered  by  jihe  feelings  of  a  generous  sympathy  for  those  mis- 
erable victims  of  the  ambition  of  their  masters,  they  disdained  to 
insult  the  unfortunate  by  an  untimely  exultation,  and  cautiously 
avoided  any  expression  of  joy,  lest  they  should  wound  thie  feelings 
of  those  whom  the  chance  of  battle  had  placed  in  their  hands.    In 
the  inidBt  of  the  hofror»  of  war,  humanity  dwell!  with  delightful 
complaoenoy  on  the  recital  of  sucl^  noble  traits;  they  soothe  the 
heart  under  the  pressure  of  adversity,  and  divert  the  mind  from 
the  contemplation  of  ills  which  we  can  neither  avoid  nor  entirely 
remedy." 


1816.] 


SYMPATHY   FOB  THE   WOUNf>EI>. 


477 


This  chivalrous  delicacy  was  not  the  only  honorable 
feeling  exhibited  in  our  ranks.  As  soon  as  the  wrecks 
of  the  retreating  British  columns  had  disappeared,  as 
soon  as  the  fire  of  our  musketry  had  ceased,  and  whilst 
our  artillery  was  still  firing  at  intervals  at  the  enemy's 
batteries,  or  at  scattered  platoons  that  lingered  in  the 
woods,  some  of  our  m^n,  touched  with  pity  at  the  sight 
of  so  many  of  the  wounded  British  soldiers  who  strewed 
the  field,  and  whose  groans  of  agony  and  cry  for  water 
made  so  strong  an  appeal  to  their  humanity,  rushed  out 
of  our  intrenchments  to  ofPer  them  all  the  assistance  in 
their  power.  In  those  bleeding  bodies,  stretched  help- 
less on  the  ground,  they  no  longer  saw  enemies,  but  fel- 
low-beings in  distress,  toward  whom  their  hearts  melted 
with  compassion.  Warm  expressions  of  applause  came 
from  our  ranks,  when  we  saw  our  soldiers  staggering 
under  the  weight  of  the  wounded  whom  they  were  en- 
deavoring to  carry  on  their  backs  vrithin  our  lines.  At 
that  moment,  to  our  intense  indignation,  the  British 
troops  who  were  in  the  ditcb  in  ft-oht  of  our  lines  fired 
at  these  generous  men,  kilHng  and  wounding  some  of 
them.  They  fd[l,  but,  regardless  of  that  inexplicable 
outrage  and  of  the  danger  to  which  they  were  exposed, 
the  rest  continued  to  fulfill  their  mission  of  charity. 

In  the  evening  of  the  8th  the  inhabitants  of  New 
Orleans  witnessed  the  arrival  of  a  long  train  of  wounded 
prisoners,  whose  number  amounted  to  about  four  hun- 
dred. Immediately  a  lai^e  qui^tity  of  lint  and  old 
linen  for  dressing  thmr  woulids,  of  mattresses  and  pillows 
and  other  Articles  for  their  domfort,  w6Ke  furnished  by 
privaite  oontributione^  -  AH  kinds  of  i  refreshments  and 
every  iM»ttii4iiu^ee*'wht^>  their  situation  inquired  were 
liberally  prov^ed  by  the  spontaneous  action  of  our 
citizens,  the  eolorsd  women  of  Hew  Orleans  have  ac- 
quired an  hon<^able!  r«^atatiob  fdf  the  skillful  nurses 


■'•^5.    i>j7t'>Jtifv»  .'J 


•'  v= 


s?        .    ■<*•   '^'^^  .■•;  "'"• 
,.■•  ••-'.''>'  ■••..'?• 

■  4'  »     ■■*  V'  <'-;.■    ■■' 


mi-- 


■..i*  ■• 


. ' 


-.-..l' 

C-j 

■  '■> 

%< 

4-     ' 

;'.V 

% 

f. 

>: 

■i 

■"■f- 

.'''• 

."^C 

'4- 

478 


COLOBlto   NUBSE8   OF   NEW   ORLEANS. 


[ltfi6. 


i 


gmm 


they  supply  during  those  fatal  epidemics  which  have  so 
often  desolated  that  city.    On  this  occasion,  several  of 
them  tendered  their  services  gratuitously,  and  deserved 
the  lasting  gratitude  of  the  numerous  wounded  whom 
they  attended  with  the  roost  humane  disinterestedness. 
But  our  triumph  was  not  without  its  alloy,  and  we 
were  soon  reminded  that  there  is  but  one  step  irom  ex- 
ultation to  humiliation.    In  the  midst  of  the  pseans  sung 
in  his  honor,  the  Roman  triumpher  was  compelled  to 
listen  to  words  of  censure,  reproach,  or  admonition,  in 
order  that  he  should  not  forget  his  human  fragility. 
Without  the  apprehension  or  the  recollection  of  blame, 
praise  would  lose  its  attraction  or  its  value.    The  one 
sets  off  the  other,  and  both  have  an  equally  useful  mis- 
sion to  perform.     We  must,  therefore,  resign  ourself 
with  a  good  grace  to  the  painful  necessity  of  admitting 
and  recording  the  sad  truth,  that  a  shameful  panic  took 
place  on  the  right  side  of  the  river,  when  Colonel  Thom- 
« ton  attacked  General  Morgan's  lines,  almost  at  the  same 
i  time  when  General  Packenham,  with  the  main  body  of 
1  his  troops,  was  assaulting  Jackson's  intrenchments.    We 
■i  shall  console  ourself  with  the  reflection  that  more  than 
4  once  two  armies,  inured  to  perils  and  used  to  glorious 
^  deeds,  have  been  known  suddenly  to  run  away  from  each 
'  other,  as  if  obeying,  by  a  sort  of  tacit  understandings  the 
i  same  reciprocal  impidse  of  the  most  intense  and  unac- 
J  countable  fear.  The  ancients  attributed  it  to  some  super- 
i  natural  cause — ^to  the  influence  of  some  god  or  other. 
I  This  excuse,  however,  we  shall  not  pleach,  but  we  shall 
V  give  others  whioh  may  be  received  in  ezitenuation  of 
I  what  cannot  be  justified.    The  Spaniards  shiewdly  say : 
^^^  Such  E  man  was  brave  on  aueh  a  day,"  Hiereby  admit- 
iling  that  on  another  day,  or  on  ano<ii«r  occasion,  the 
*«ame  man,  m»y  appear  in  a  different  light.     This  is 
«  human  nature.    The  lion  himself  is  Imown  at  times  to 


1816.J 


INOAPAOITY   OF   OENEBAL  D.   MOBCyiiN. 


479 


put  bis  tail  between  his  legs  and  run  like  a  whipped  eur. 
After  this  preamble,  and  after  having  taken  delight  in 
showing  how  very  brave  we  were  on  the  left  side  of  the 
Mississippi,  we  shall,  with  candor,  proceed  to  relate  how 
it  was  that  we  were  not  quaUy  so  on  the  other  side  of 
that  river. 

We  have  said  before  that  General  Morgan  had,  ac- 
cording to  orders,  after  the  battle  of  the  23d  of  Decem- 
ber, crossed  the  nver  and  taken  a  position  almost  oppo- 
site Jackson's  lines.  He  was  a  worthy  man  in  his 
private  character,  brave  personally,  but  an  incompetent 
officer.  He  showed  his  incapacity  at  once  by  the  very 
choice  of  the  spot  which  he  selected  to  make  a  stand 
against  the  enemy.  It  was  behind  a  canal,  it  is  true, 
but  there  were  other  canals ;  and  tLxd  one  was  at  a  point 
where  the  cypress  s^ramp  recedes  from  the  Mississippi 
more  than  at  any  other  tor  miles,  and  leaves  the  largest 
space  between  itself  and  the  river.  Jackson  had  done 
the  very  reverse  on  the  other  side,  but  his  example  was 
not  followed.  It  was  therefore  the  most  injudicious 
ground  that  could  be  seleeted.  Behind  that  old  canal, 
however,  Morgan  establiaihed  his  line  of  d^ence,  two 
hundred  yards  in  length,  leading  more  than  eighteen 
hundred  yards  unprotected,  and  offering  na  other  obsta- 
cle to  the  enemy  than  this  canal  or  ditoh.  On  his  twc 
hundred  yards  of  breastwork  were  mounted  three  pieces 
of  artillery.  The  weakness  of  this  position  was  evident, 
for  it  might  easily  have  been  foreseen  that  the  enemy, 
coming  up  tho  high  road  near  the  river^  and  finding 
these  fortMcatiouH  in  his  front,  would  not  butt  his  head 
agaim^  them,  when  he  oould  avoid  them  by  obliq^ung 
to  the  left  towafd  the  wood.  The  Second  JtegimeBt  of 
Loui«ana  Militia,  ur.^er  tiie  oommand  of  GokMsal  Zenon 
Oavelier,  presenting  an  effective  force  of  one  hundred 
and  seventy-sir  men,  had  been  sent,  on  the  4th  of  Janu* 


;■■-*'■•■  '*^--AM-'  : 

•  '   ,-' V,-    ■»'  ■     ! 

■■■■  •,-:''i^-:wi!;  • 


mil- 


^■j:>n 


1        ,',■*;,  ^       '   '-i 


it;/ 

!^ 

^^  V 

'^^n 

■  R        1    T 

'i^S 

'w  '■'■ 

;■» 

i~--    '  •! 

r   . 

'h: 

•1  ^'1 

i 

■I'l    . 

'i   .    ■  "i 


•'■.-I 


K 


If,' 


^^i^' 


I  1 


480 


iboNDITION   OP   MOBOAN's   TECu1'3. 


[1816. 


ary,  to  reinforce  Morgan.   On  their  arrival  they  i-eceived 
unfavorable  impresBious  from  the  nature  of  the  means 
of  resistance  which  were  in  the  course  of  preparation. 
In  the  evening  of  the  6th,  the  First  Regiment  of  Militia 
under  Colonel  Dejean  quitted  the  position  it  occupied  on 
the  Piemas  Canal  and  crossed  the  river.    Although  a 
detachment  of  the  Sixth  Militia  Regiment  was  added  to 
it,  the  whole  force  did  not  exceed  one  hundied  and  ten. 
Those  who  wore  armed  were  ill«armed,  and  the  rest  had 
no  arms  at  all.*    The  arrival  of  these  men,  in  such  a 
condition,  could  not  have  the  effect  of  giving  much  re- 
lief to  the  well-founded  apprehensions  dready  enter- 
tained by  the  regiment  of  Zenon  Cavelicr.    These  two 
skeletons  of  regiments,  when  looking  at  each  other's 
meagre  proportions,  did  not    feel    much   encouraged. 
Anybody  who  is  acquainted  in  the  slightest  degree  with 
the  population  of  Louisiana  will  not  doubt  that  those 
men  were  brave  and  patriotic,  but  was  it  not  natural 
that  they  should  have  felt  somewJiat  despondent,,  when 
brou^t  into  contact  with  those  who  were  alrea<iy  under 
the  command  of  General  Morgan,  and  whom  they  found 
either  lamenting  the  incapacity  of  their  leader,  or  mak- 
ing it  a  subject  of  joke  or  ridicule  9  Is  it  to  be  wondered 
at  if  they  fraternized  in  grumbling,  Ib  railing,  and  in 
vague  apprehensions  of  some  approaching  catastrophe  ? 
It  was  a  bad  preparation  for  meeting  the  enemy.   Three 
miles  in  advance  of  Morgan's  lines,  MaJQr  Amaud  had 
been  stationed  with  one  hundred  men  to  p«*event  the 
British  from  landing;  fifteen  of  them  had  no  arins  at 
all,  and  the  rest  only  fowling'pieoes.  Th<^  men  thought 
that  they  were  required  to  dp  what  wa»,impo^ible; 
that  they  could  aecom{dish  no  good ;  HhfA  thj^}'  Fould 
be  nselessly  f^ifloed ;  and  tbat  thin  wii  mtother  proof 


'41^ 


•  L»toat%  HiatoiMl  llMaioir»  p.  l(Mk 


4. 


[1816. 

seived 

lueaus 

•ation. 

iiilitia 

»iedon 

)Ugli  a 

ded  to 

id  ten. 

dst  bad 

such  a 

ucli  re- 
enter- 

ese  two 

other's 

>uraged. 

ree  with 

Ekt  those 

natural 

Lt^  when 

[y  under 

jy  found 
or  mak- 
ondered 

I,  and  in 
i^rpphe? 
Three 
^ud  had 
ent  the 
string  at 
thought 
.lible; 
Ij^ould 
Udv  proof 


1816.] 


THE   KENTUOKIANS   DEMORALIZED. 


4^1 


of  a  want  of  common  sense  in  their  General.    They  be- 
came demoralized. 
In  the  evening  of  the  7th,  both  General  Jackson  and 
,  General  Morgan  were  informed  that  the  enemy  would 
cross  on  the  next  morning.     There  was  therefore  no 
surprise  produced  by  that  movement,  as  stated  in  some 
of  the  British  accounts  written  by  officers  who  did  not 
know  that  their  intention  had  been  detected  by  the 
Americans.      On  receiving  this    information,   General 
Jackson  ordered  five  hundred  Kentuckians  under  Colo- 
nel Davis   to  join  General  Morgan.     When  at    four 
o'clock  in  the  morning  they  arrived  at  the  place  of  their 
destination,  after  having  undergone  much  fatigue  on 
their  niarch,  and  some  vexatious  delay  on  account  of 
the  difficulty  of  procuring  suitable  means  of  transporta- 
tion across  the  river,  they  were  reduced  to  one-half. 
What  had  become  of  the  other  half?    Is  it  possible,  as 
alleged  in  their  favor,  that  they  had  remained  behind 
because  spent  with  fatigue  and  faint  from  the  want  of 
food  ?    But,  oh  the  '.f  holo  day  of  the  7th,  they  were  in 
a  camp  full  of  prov^^dions.   How  is  it  possible,  therefore, 
to  suppose  that  they  did  not  receive  their  usual  rations  ? 
This  supposition  beihg  rejected  as  not  probable,  and 
there  bemg  no  proof  to  the  contrary,  it  remains  that 
they  were  without  feed  only  from  the  evening  of  the 
7th  to  the  morning  of  the  8th.    Was  that  enough  to 
make  them  "physically  faint?"     Granting  that  they 
marched  eight  or  ten  miles  in  darkness,  and  on  muddy 
roads,  and  that  the  crossing  of  the  river  was  attended 
with  difficulties,  was  that  enough  to  justify  robust  men 
inured  to  hardships  of  all  kinds  in  pretending  that  they 
were  "spent  with  fatigue?"     Granting  that  many  of 
them  were  without  arms,  was  this  circums^lbce  sufficient 
to  indues  them  to  leave  their  ranks,  without  waiting  to 
the  last  for  the  arms  to  which  they  were  entitled,  and 
81 


.•■V-*-'''';V'ii*MI 


■Ut^;;  ...  ■>.-(T«H*'  *,l 


i'  ■ 


WA 


.,:$■ 


4l82 


MAYOR   ABNAUD'b  COMMAND. 


L1815. 


without  which  they  could  not  be  expected  to  meet  the 
enemy  ?  The  inference  must  be  that  these  men^  for  some 
cause  or  other  which  -v^e  do  not  know,  were  not  ani- 
mated with  a  proper  spirit  when  they  left  their  camp,  ^ 
and  experience  has  praved  that  nothing  is  more  conta- 
gious in  armies  than  moral  infirmities.  The  one*half  who 
continued  their  march  to  Morgan's  lines  .must  have 
arrived  there  greatly  demoralized  by  the  desertion  of 
their  companions.  They  probably  were  discontented 
and  moody ;  it  is  reported  that  they  looked  ragged, 
jaded,  dirty,  unsoldierlike,  and  very  much  like  men  dis- 
posed to  nm  away  on  the  first  favorable  opportunity. 
Unfortunately,  and  to  make  matters  worse,  they  were  to 
co-operate  chiefiy  with  troops  whose  language  they  did 
not  understand,  and  with  whom  they  could  not  sympa- 
thize. A  mutual  distrust  ensued.  It  must  be  admitted 
that  there  could  hardly  be  a  more  heterogeneous  crowd 
than  this  badly-armed  mob,  assembled  on  that  occasion 
under  the  command  of  General  Morgan.  If  General 
Jackson  had  been  there,  his  strong  will  might  have 
welded  into  a  compact,  solid  and  harmonious  mass  these 
discordant  and  jarring  elements.  He  woiQd,  at  least, 
have  inspired  a  confidence  which  did  not  exist,  and  that 
would  have  gone  a  great  way  toward  insuring  success. 

As  if  these  had  not  been  sufficient  causes  to  produce 
demoralization.  General  Morgan  continued  to  order  move- 
ments which  increased  the  distrust  of  his  troops  as  to 
his  capacit}'.  For  instance,  as  soon  as  the  Kentuckians 
aitived,  after  the  heavy  and  fatiguing  night's  march  of 
which  they  complained  so  much,  he  ordered  them,  in  the 
state  of  exhaustion  and  inanition  in  whidb  they  pretended 
to  be,  to  move  beyond  his  lines  and  join  Arnand's  com- 
mand in  a%ance.  They  obeyed,  it  is  said,  without 
muimur,  but  much  doubring,  probably,  the  propriety  of 
such  an  order.    They  soon  met  Amaud's  one  hundred 


1815.] 


DEFEAT  OF  GENERAL   MORGAN. 


488 


men,  who,  not  deeming  themselves  strong  enoughl  to 
prevent  the  British  from  landing,  were  hastily  retreating. 
This  detachment,  and  the  Kentuckians  who  numbered 
about  two  hundred  effective  men,  were  made  to  draw  up  in 
aline  between  the  river  and  the  swamp — the  Kentuckians 
near  the  river,  and  the  Louisiana  Militia  on  their  right, 
in  the  direction  of  the  swamp.  If  these  three  hundred 
men  had  been  posted  behind  the  levee,  at  the  spot  where 
the  British  lauded,  they  might  have  been  of  good  service. 
But  what  could  be  the  object  in  thus  posting  them  a 
short  distance  in  advance  of  our  fortified  lines,  not  as 
outposts,  it  seems,  but  as  a  presumed  effective  obstacle  in 
the  way  of  the  enemy?  As  outposts,  they  were  too 
many,  for  they  constituted  half  of  Morgan's  force,  and 
as  a  resisting  body  they  were  too  weak.  These  badly 
equipped,  badly  organized,  and  badly  disciplined  Diilitia- 
men  could  not  reasonably  be  thought  capable  of  coping 
effectively,  in  an  open  field,  with  the  much  superior  force 
of  veteran  regulars  who  were  expected.  Why  this  division 
of  our  little  army — one-half  behind  the  breastworks,  and 
the  other  half  about  a  mile  in  front  ?  Why  expose  them 
to  further  demoralization  by  subjecting  them  to  certain 
defeat,  and  then  trust  to  the  chance  of  rallying  them, 
when  under  hot  pursuit,  buhind  our  fortifications  in  their 
rear  ?  These  thoughts  probably  occurred  to  them,  and 
were  not  of  a  nature  to  allay  those  instinctive  appre- 
hensions which  they  seem  to  have  entertained  before. 
As  to  Amaud's  men,  who  had  thought  themselves  unne- 
cessarily placed  in  a  very  perilous  position,  they  did  not 
draw  much  comfort  from  the  reinforcement  which  had 
been  sent  them.  "  Surely,"  they  may  be  presumed  to 
have  said  to  each  other,  *^if  these  are  the  ragamuffins 
who  are  to  help  us  in  beating  the  British  in  an  open 
plain,  we  had  better  take  care  of  ourselves.*'  "Verily,** 
probably  said  the  Kentuckians,  "  if  this  handful  of 


.y^:M!' 


f. 


r«-;-'-v 


Viil,:; 


I  • .; 


t  I 


484 


DEFEAT   OF  GENERAL   MORGAN. 


[181ft. 


!>•■' 


m 


ifc 


'W£'- 


^ 


iViglitened  Creoles  is  our  only  assistn'^^e,  we  are  in  a  bad 
way." 

What  was  the  consequence  ?  Colonel  Thornton,  who 
had  landed  at  the  head  of*  six  hundred  men,  soon  made 
his  appearance,  accompanied  by  several  gun-boats  whicli 
hugged  the  bank  of  the  river  as  they  ascended.  The 
enemy  attacked  briskly  our  extended  line  established 
behind  an  unfortified  canal,, whilst  his  gun-boats  poured 
grape-shot  into  our  flank.  The  Kentuckians,  although 
thrown  into  some  confusion,  answered  with  two  or  three 
well-directed  volleys.  Just  at  this  critical  moment,  when 
some  hesitation  or  wavering  had  begun  to  manifest  itself, 
General  Morgan  had  the  unlucky  inspiration  to  order  a 
retreat.  The  order  was  communicated  in  English  by 
one  of  Morgan's  aids :  "  What  is  it  V  said  in  French  one 
in  Amaud's  command,  who  did  not  understand  the  lan- 
guage used.  A  voice  replied :  "  The  General  says,  *  sauve 
qui  pent,' ^^  which  may  be  translated  thus:  the  Devil  take 
the  hindmost.  Upon  this,  Amaud's  detachment  broke 
and  fled  to  the  wood,  and  the  Kentuckians,  seeing  them- 
selves abandoned,  fell  back  in  much  disorder  to  our 
breastworks,  where  they  were  posted  to  the  right  of  the 
Louisiana  regiments.  Certainly  it  can  be  no  injustice  to 
the  commander-in-chief.  General  Morgan,  to  hold  him 
responsible  for  the  manner  in  which  his  troops  were 
again  stationed,  to  meet  the  advancing  column  of  the 
enemy.  Davis^  Kentuckians  were  placed  alongside  of 
that  part  of  the  canal  which  was  not  fortified,  and  at 
such  a  distance  from  each  other  that  they  looked  like  a 
long  line  of  sentinels.  Besides,  a  large  space  was  left 
unoccupied  between  them  and  the  Louisiana  militia  on 
their  left. 

On  the  high  road,  in  front  of  our  breastworks,  soon 
appeared  the  British,  advancing  rapidly  to  profit  by  the 

*  C!olonel  Thornton's  Official  Rep<xrt,  8th  of  Janoary,  1810. 


<n 


[1816. 

a  bad 

n,  who 
a  made 
\  which 
i.    The 
blished 
poured 
[though 
or  three 
it,  when 
jst  itself, 
»  order  a 
^lish  by 
ench  one 
the  lan- 
^8, '  muve 
)evil  take 
Qt  broke 
mg  them- 
\r  to  our 
^ht  of  the 
[justice  to 
lold  him 
►pa  were 
in  of  the 
[gside  of 
|d,  and  at 
:ed  like  a 
was  left 
tilitia  on 

>rk8,  soon 
it  by  the 

bis. 


1815.] 


DEFEAT   OF  OENEKAL   AfOROAN. 


485 


ud\'antago  which  they  had  already  obtained.  Our  artil- 
iciy  played  upon  them  with  effect,  and  our  musketry 
had  i»egun  to  open  its  fire,  when  Colonel  Tlioniton  saw 
ut  one  fi;lunce  the  weakness  of  our  position.  lie  fell 
Ijttck,  and  making  an  oblique  movement  to  the  left,  ho 
sent  a  column  to  penetrate  through  the  gap  in  our  cen- 
tre, and  another  toward  the  wood  to  turn  and  envelop 
the  sparsely  scatter  d  Kentuokians.  At  the  sight  of  tliis 
manoeuvre  the  Kentuckians  broke,  and  no  exer'Ions  on 
the  part  of  their  officers  and  of  General  Morgan  could 
rally  them.  *'  Confidence  had  vanished,"  says  Major  I^- 
tour,  "  and  with  it  all  spirit  of  resistance."  Well  might 
confidence  have  vanished,  if  it  had  ever  existed,  for  the 
most  robust  faith  would  not  have  been  proof  against  the 
perpetration  of  such  a  series  of  blunders !  Our  right 
was  tiu'ned,  and  between  it  and  our  Louisiana  militia 
and  artillery,  in  a  few  minutes,  there  was  nothing  but 
a  broad  space  left  vacant  by  the  flight  of  the  Kentuck- 
ians. The  Louisianians  and  the  artillery  continued  to 
fire  as  long  as  possible.  At  last  the  cannon  was  spiked, 
and  the  First  and  Second  Regiments  of  Louisiana  Militia 
retreated  in  tolerable  order  on  the  high  road.  Commo- 
dore Patterson,  finding  himself  deserted  by  the  foice  he 
had  relied  upon  to  protect  his  marine  battery,  was  com- 
pelled, "  most  reluctantly  and  with  inexpressible  pain," 
to  abandon  it,  having  only  thirty  men  under  his  com- 
mand, including  officers.  He  took  time,  however,  to 
destroy  his  ammunition  and  spike  his  cannon.  In  his 
report  to  the  Secretary  of  the  Navy  he  is  very  severe  on 
the  Kentuckians.  When  the  attack  had  begun,  he  had 
ordered  his  guns  to  be  turned  in  their  embrasui'es,  and 
so  pointed  ;;8  to  protect  General  Morgan's  right  wing : 

"  Whose  lines,"  says  he,  "  not  extending  to  the  swamp,  and  being 
weakly  manned,  I  apprehended  the  enemy's  outflanking  him  on 
that  wing ;  which  order  was  promptly  executed,  under  a  heavy  and 


V" 


'^'  "--A 


'    .       '  'I 


■'  -v..    • ! 


•:  ■■''V<: 


486 


DEFEAT  OF  GENERAL  MOHGAN. 


[1816. 


m 


:rt- 


well-directed  fire  of  shot  and  shells  from  the  enemy  on  the  opposite 
bank  of  the  rivei*.  At  this  time,  the  enemy's  force  had  approach- 
ed General  Morgan's  lines  under  the  cover  of  a  shower  of  rockets, 
and  charged  in  spite  of  the  fire  from  the  twelve-pounder  and  jfield- 
pieces  mounted  on  the  lines,  as  before  stated ;  when,  in  a  few 
minutes,  I  had  the  extreme  mortification  and  chagrin  to  observe 
General  Morgan's  right  wing,  composed  of  the  Kentucky  militia, 
commanded  by  Major  Davis,  abandon  their  breastwork  and  flying 
in  a  most  shameful  and  dastardly  manner,  almost  without  a  shot ; 
which  disgraceful  example,  after  firing  a  few  rounds,  was  soon  fol- 
lowed by  the  whole  of  General  Morgan's  command,  notwithstanding 
every  exertion  was  made  by  him,  his  staff  and  several  officers  of  the 
city  militia,  to  keep  them  to  their  posts.  By  the  great  exertions 
of  those  officers  a  short  stand  was  effected  on  the  field,  when  a  dis- 
charge of  rockets  from  the  enemy  caused  them  again  to  retreat,  in 
such  a  manner  that  no  efforts  could  stop  them." 

We  deem  it  an  act  of  justice  to  correct  an  error  com- 
mitted by  Commodore  Patterson,  who  must  have  been 
blinded  by  his  indignation.  The  Kentuckians  were  not 
behind  any  "  breastworks ;"  they  were,  on  the  contrary, 
totally  unprotected  by  any  kind  of  fortifications,  unless 
that  name  be  given  to  the  canal  behind  which  they  stood. 
General  Jackson  in  his  report  to  the  Secretary  of  War, 
dated  on  the  9th  of  January,  also  censures  the  conduct 
of  the  Kentuckians:  "What  is  strange  and  difficult  to 
account  for,"  he  says,  "  at  the  very  moment  when  the 
entire  discomfiture  of  the  enemy  was  looked  for  with  a 
confidence  amounting  to  certainty,  the  Kentucky  rein- 
forcements, in  whom  so  much  reliance  had  been  placed, 
ingloriously  fled,  drawing  after  them,  by  their  example, 
the  remainder  of  the  forces,  and  thus  yielding  to  the 
enemy  that  most  formidable  position." 

Whatever  was  the  guilt  of  the  Kentuckians,  it  must 
be  admitted  that  General  Jackson  was  not  correct  in  his 
statement  **  that  they  occupied  a  most  formidable  posi- 
tion." We  have  shown  that  it  was  anything  but  that.  He 
must  also  have  been  under  some  extraordinary  delusion 


1815.] 


KENTUOKIANS  JUSTIFYING  THEMSELVES. 


487 


when  Le  asserted  that  the  Kentuckians  fled  at  the  mo- 
ment "  when  the  entire  discomfiture  of  the  enemy  was 
looked  upon  with  a  confidence  approaching  to  certainty." 
The  British  on  the  right  side  of  the  river,  and  in  their 
attack  on  Morgan's  lines,  never  were,  for  a  moment, 
threatened  with  the  slightest  discomfiture.  The  State 
of  Kentucky  never  forgave  the  charge  which  General 
Jackson  had  thus  officially  recorded  against  her  sons, 
and  she  subsequently  never  failed  to  oppose  him  with 
the  bitterest  hostility  throughout  his  political  career. 
In  extenuation  ,pf  that  charge,  the  Kentuckians  had 
replied : 

"  We  were  ill-armed ;  we  had  been  on  our  feet'  for  twenty-four 
hours,  during  which  time  we  had  hardly  tasted'  food ;  the  cartridges 
we  had  were  too  large  for  our  pieces ;  on  our  arrival  before  day, 
after  a  hard  march  of  several  miles,  partly  through  the  mud,  with- 
out being  allowed  a  moment's  rest,  we  were  ordered  to  advance  a 
mile  further.  Having  obeyed  without  a  murmur,  we  found  our- 
selves within  view  of  the  enemy,  on  whom  we  fired  several  volleys, 
maintaining  that  position,  which  was  none  of  the  best,  until,  being 
outflanked  on  our  right,  and  cannonaded  with  grape-shot  from  the 
bargeB  on  our  left,  we  were  forced  to  retreat  on  Morgan's  line, 
where  we  were  ordered  to  take  a  position  along  a  canal,  uncovered 
and  extended  on  a  front  of  three  hundred  yards,  our  left  separa- 
ted from  the  other  troops  by  an  unguarded  space  of  ground,  and 
our  right  covered  by  a  paltry  detachment  o**  sixteen  men,  stationed 
two  hundred  yards  from  us ;  a  vast  plain,  oflfering  no  manner  of 
shelter,  lying  in  our  rear.  We  were  turned  on  the  right  and  cut 
off  on  the  left.  In  so  precarious  a  situation,  how  could  wc  avoid 
giving  way  ?" 

This  is  the  manner  in  which  they  attempted  to  ex- 
plain what  General  Jackson  had  said  was  "  strange  and 
difficult  to  account  for." 

Admitting  as  true  these  allegations,  and  giving  to  the 
plea  of  the  Kentuckians  in  their  own  defence  all  the 
force  which  they  Might  have  desired,  it  is  impossible  to 
free  them  altogether  from  the  shame  of  having  fled  in 


jt  ■■•  ■*  •  .■'* . 


wm:^ 


488 


COLONEL  THOENTOn's   EXPEDITION. 


[1816. 


0 


m 
^ 


^i:-^: 


the  wildest  affriglit,  without  even  attempting  anything 
like  an  orderly  retreat.  So  extreme  was  their  panic  that 
some  of  them  ran  eleven  miles  without  stopping,  and 
mth  the  most  extraordinary  speed,  to  a  spot  up  the 
river,  where  they  found  some  means  of  crossing  it.  When 
safely  on  the  other  side,  at  the  distance  of  six  miles  above 
New  Orleans,  they  ran  pell-mell  into  the  court-yard  of  the 
planter  whose  lands  fronted  the  river,  clamdring  for  food, 
and  vociferating  that  the  American  army  was  annihilated. 
They  still  seemed  as  if  they  were  under  the  influence  of 
terror,  and  became  composed  only  after  having  obtained 
the  food  they  desired. 

Considering  the  feebleness  and  short  duration  of  our 
defence,  the  loss  of  the  enemy  was  very  remarkable.  It 
amounted  to  one  hundred  and  twenty  men  killed  and 
wounded — more  than  one-sixth  of  his  whole  force — 
which  shows  the  extraordinary  accuracy  of  oar  Are,  and 
what  might  have  been  done  under  an  abler  leader  than 
General  Morgan.  Our  loss  was  one  man  killed  and  five 
wounded. 

For  the  expedition  intrusted  to  Colonel  Thornton  the 
British  had  needed  boats.  Those  boats  had  to  be  drag- 
ged through  Canal  VjpJer6,  which  had  been  lately  ex- 
tended to  the  river  with  so  much  labor.  It  was  an  op- 
eration of  much  difficulty ;  some  of  the  boats  stuck  fast 
in  the  muddy  bed  of  the  canal,  and  those  which  reached 
the  Mississippi  were  not  sufficient  to  carry  the  whole 
force  which  it  was  intended  to  throw  on  the  other  side  of 
that  river.  Hence  it  was  curtailed  down  to  one-third 
of  its  original  number,  and,  on  account  of  the  delays  ex- 
perienced, it  could  not  proceed  until  eight  hours  after  the 
time  appointed.*  This  destroyed  the  ensemble  of  the 
plan  of  attack.  The  current  was  strong,  and  the  diffi- 
culty of  keeping  the  boats  together  ^as  so  great,  that 

*  Colonel  Thornton's  Report,  8th  January. 


1815.] 


THOENTON   NOT  ARBIVING   US   TIME. 


489 


Colonel  Thornton  only  reached  his  destination  by  day- 
break instead  of  the  early  part  of  the  night  as  expected, 
a-nd  by  the  time  his  troops  had  disembarked  on  the  right 
side  of  the  river,  he  perceived  that  the  attack  had  begun 
on  the  left  side.  He  did  not,  therefore,  arrive  in  time  to 
prevent  oui'  batteries  from  pouring,  in  the  beginning  of 
the  battle,  a  .destructive  enfilading  fire  on  the  British 
columns  who  were  advancing  against  Jackson's  lines, 
and  when  he  became  master  of  Morgan's  position,  we 
were  completely  victorious  in  the  plains  of  Chalmette. 
It  was  the  only  success  obtained  by  the  invaders  on  the 
soil  of  Louisiana.  Colonel  Thornton  claimed  to  have 
captured  a  gi*eat  abundance  of  provisions,  a  large  store 
of  all  sorts  of  ammunition,  sixteen  pieces  of  ordnance, 
and  the  colors  of  a  regiment.  "  Our  prisoners,"  about 
thirty  in  number,  he  says  in  his  report,  "  agree  in  stating 
that  the  force  under  General  Morgan  was  from  fifteen 
hundred  to  two  thousand  men."  If  the  prisoners  agreed 
in  such  a  statement,  they  agreed  in  a  misrepresentation ; 
General  Morgan's  force  was  not  much  greater  than  six 
hundred  men. 

"  This  unfortunate  rout,"  wrote  Jackson  to  the  Secre- 
tary of  War,  "  had  totally  changed  the  aspect  of  affairs. 
The  enemy  now  occupied  a  position  from  which  they 
might  annoy  us  without  hazard,  and  by  means  of  which 
they  might  have  been  able  to  defeat,  in  a  great  measure, 
the  effects  of  our  success  on  this  side  of  the  river.  It 
became,  therefore,  an  object  of  the  first  consequence  to 
dislodge  him  as  soon  as  possible."  He  immediately  is- 
sued this  stirring  and  appropriate  address  t(Mthe  troops 
stationed  on  the  right  bank  of  the  Mississippi: 

"  While  by  the  blessing  of  Heaven  directicg  the  valor  of  the 
troops  under  my  command,  one  of  the  most  brilliant  victories  in 
the  annals  of  the  war  was  obtained  by  my  immediate  command, 
uo  words  can  express  the  mortification  I  feel  at  witnessing  the 


'" :"'-."'f'''''vv  :*■:;■ '.. 


.»;•-,':■ 


:.■?■'■'*'•.■'•"•'"   " 


'■■  '■>■,'■•  .-■'rv  •>•■■;<  ^    .' 


:J|.  '         '  :■'-'■■ 


%  A  A 


490 


JACKSON  TO  morgan's  DEFEATED  COEPS. 


[1816. 


tell 


P 


i* 


J-         -ISM     ■    ^    ^ 


.  8oene  exhibited  on  the  opposite  bank.  I  will  spare  your  feelings  and 
my  own  by  entering  into  no  detail  on  the  subject ;  to  all  who  re- 
flect, it  mi|st  be  a  source  of  eternal  regret  that  a  few  moments'  ex- 
ertion of  that  courage  you  certainly  possess,  was  alone  wanting  to 
have  rendered  your  success  more  complete  than  that  of  your  fellow- 
citizens  in  this  camp,  by  the  defeat  of  the  detachment  which  was 
rash  enough  to  cross  the  river  to  attack  you." 

This  passage  is  in  accordance  with  the  impression 
under  which  he  was,  and  which  we  have  shown  to  have 
been  erroneous,  when  he  wrote  to  the  Secretary  of  War 
that  the  Kentuckians  had  fled  at  the  time  that  the  en- 
tire discomfiture  of  the  enemy  was  looked  for  with  a  con- 
fidence amounting  to  certainty. 

"  To  what  cause,"  proceeds  the  General  to  ask,  "  was  the  aban- 
donment of  your  lines  owing  ?  To  fear  ?  No  I  You  are  the 
countrymen,  the  friends,  the  brothers  of  those  who  have  secured  to 
themselves  by  their  courage  the  gratitude  of  their  country,  who 
have  been  prodigal  of  their  blood  in  its  defwice,  and  who  are  stran- 
gers to  any  other  fear  than  that  of  disgrace.  To  disaffection  to  our 
glorious  cause  ?  No !  my  countrymen ;  your  General  does  jjistice 
to  the  pure  sentiments  by  which  you  are  inspired.  How  then 
could  brave  men,  firm  in  the  cause  in  which  they  were  enrolled, 
neglect  their  first  duty,  and  abandon  the  post  committed  to  their 
care  ?" 

The  answer  which  the  General  gives  to  his  own  inter- 
rogatories confirms  the  view  which  we  took  of  the  causes 
of  that  disaster,  and  which  he  attributes  "  to  the  want 
of  discipline,  the  want  of  order,  a  total  disregard  to 
obedience,  and  a  spirit  of  insubordination,  not  less  de- 
structive than  cowardice  itself."  Whilst  thus  upbraiding 
the  troopaa  for  their  want  of  discipline  and  order,  for 
their  disregard  to  obedience,  and  their  spirit  of  insubor- 
#  dination,  he  could  scarcely,  in  the  same  breath,  comment 
on  the  deficiencies  of  their  officers,  and  particularly  on 
the  incapacity  exhibited  by  General  Morgan.  This  would 
have  weakened  the  effect  he  intended  to  produce ;  but 


%' 


inter- 


ler,  for 


1815.] 


JAOKBON  TO   MOBGAN's   TROOPa. 


491 


we  shall  show  that  he  was  not  unaware  of  the  existence 
of  that  evil,  although  he  probably  did  not  think  it  prop- 
er to  take  notice  of  it  in  his  address.  He  sternly 
tells  our  men,  however,  that  the  causes  which  led  to  their 
late  disaster  must  be  eradicated,  or  that  he  mpst  cease 
to  command : 

"  I  desire  to  be  distinctly  understood,"  he  says,  "  that  every 
breach  of  orders,  all  want  of  discipline,  every  inattention  to  duty 
will  be  seriously  and  promptly  punished,  in  order  that  the  attentive 
ofScers  and  good  soldiers  may  not  be  exposed  to  the  disgrace 
and  danger  which  the  negligence  of  a  few  may  produce.  Soldiers ! 
you  want  only  the  will,  in  order  to  emulate  the  glory  of  your  fel- 
low-citizens on  this  bank  of  the  river.  You  have  the  same  motives 
for  action,  the  same  interest,  the  same  country  to  protect,  and  you 
have  an  additional  interest  from  past  events,  to  wipe  off  the  stain 
on  your  honor,  and  show  what,  no  doubt,  is  the  fact,  that  you  will 
not  be  inferior  in  the  day  of  trial  to  any  of  your  countrymen." 

After  having  animated  them  by  this  powerful  appeal 
to  their  manhood,  he  gives  them  this  salutary  lesson, 
which  we  hope  will  be  forever  remembered  in  our 
Southern  armies :  "  But  remember  that,  without  obe- 
dience, without  order,  without  discipline,  all  your  efforts 
are  vain,  and  the  brave  man,  jaattentive  to  his  duty,  is 
worth  little  more  to  his  country  than  the  coward  who 
deserts  her  in  the  hour  of  danger."  This  sententious 
truth,  so  tersely  expressed,  and  coming  from  such  a  source, 
should  be  inscribed  on  the  flag  of  every  regiment.  '*  Pri- 
vate opinions,"  he  continues,  "  as  to  the  competency  of 
officers  must  not  be  indulged,  and  still  less  expressed.  It 
is  impossible  that  the  measures  of  those  who  command 
should  satisfy  aU  who  are  bound  to  obey,  and  one  of 
the  most  dangerous  faults  in  a  soldier  is  a  disposition  to 
criticise  and  blame  the  orders  and  characters  of  his  supe- 
riors." This  may  be  sound  doctrine,  but  how  wiU  it 
work  in  its  practical  application?    Was  there  ever  a 


-Mmn 


:   *:.  ■   *.■•,■<'■■•)  '^  ■■>■    ■ 


mm..- 


■  •-VX"'. 


^^^^.a• 


■x.-l^i 


y  ■■■?'; 


tf 


492 


JACKSON   TO   MORGAN  S    TROOPS. 


[1815. 


u 


>i: 


My-'-': 

y 1 1 


body  of  intelligent  soldiers,  particularly  if  they  were 
veterans  and  had  the  experience  of  war,  who  ever  refrained 
from  indulging  in  having  their  "  private  opinion"  as  to  the 
competency  of  their  officers  ?  Can  it  be  otherwise  ?  We 
think  no^.  It  is  impossible  for  a  general  at  the  head  of 
an  army  not  to  reveal  his  capacity  or  incapacity  in  a  few 
days.  Men  in  front  of  danger  have  a  keen  instinct.  No 
captain  ever  could  handle  an  army  with  credit  to  himself, 
without  possessing  the  confidence  of  that  army,  and  that 
confidence  will  ever  be  the  result  of  "  opinion."  There 
had  been  no  "  insubordination,  no  want  of  order  and 
discipline"  in  our  camp  on  the  left  side  of  the  Mississippi 
General  Jackson  had  had  nothing  to  apprehend  on  the 
V  attle-field  from  the  criticism  of  his  soldiers.  Why  ?  Be- 
cause they  believed  in  him,  and  they  believed  in  him 
because  they  had  seen  him  at  work,  and  they  had  judged 
the  workman  accordingly.  It  is,  probably,  because  every 
soldier  under  General  Morgan  and  General  Jackson  had 
entertained  a  "  private  opinion"  as  to  the  competency  of 
his  commander,  that  one  army  fought  gloriously,  and  the 
other  fled  precipitately. 

The  General  wound  up  his  address  with  much  military 
tact,  and  with  a  kind  of^^tender  consideration  for  the 
feelings  of  those  for  whom  it  was  intended : 

"  Soldiers,"  he  said,  "  I  know  that  mary  of  you  have  done  youi* 
duty,  and  I  trust,  in  my  next  address,  I  shall  have  no  reason  to 
make  any  exceptions.  Officers,  I  have  the  fiillest  confidence  that 
you  will  enforce  obedience  to  your  commands,  and,  above  all,  that 
by  subordination  in  your  diflferent  grades,  you  will  set  the  example 
of  it  to  your  men ;  and  that,  hereafter,  the  army  of  the  right  will 
yield  to  none  in  the  essential  qualities  which  characterize  good 
soldiers  ;  and  that  they  will  earn  their  share  of  those  honors  and 
rewards  which  their  country  will  prepare  for  its  deliverers.' 

After  having  issued  this  address,  General  Jackson 
deemed  it  expedient  to  put  an  able  officer  at  the  head  of 


» 


1816.] 


GENERAL  HUMBKBT. 


493 


the  defeated  troops  on  the  right  side  of  the  Mississippi. 
He  ordered  Humbert,  a  PreDch  General  who  had  been  ex- 
iled from  his  country  on  account  of  his  extreme  republican 
ideas,  and  who  had  tendered  his  services  against  the  in- 
vaders of  Louisiana,  to  cross  the  river  and  recover  •  the 
ground  which  we  had  lost.  "I,"  said  Jackson,  "expect 
you,  General,  to  repulse  the  enemy,  cost  what  it  may."  "  I 
will ;  you  may  rely  on  it,"  replied  Humbert,  delighted 
with  an  order  which  suited  exactly  the  well-known 
temerity  of  his  natural  disposition.  The  occasion  was 
so  urgent,  and  Humbert  was  in  such  haste  to  drive  the 
British  into  the  river,  that  he  neglected  or  forgot  to  ask 
General  Jackson  for  his  written  authority.  On  his  ar- 
rival, this  led  to  unpleasant  discussions,  which  produced 
delay.  General  Morgan  appeared  inclined,  at  first,  to  receive 
as  sufficient  evidence  the  word  of  General  Humbert,  and 
ready  to  accept  his  assistance,  if  not  to  serve  under  him  in 
a  subordinate  capacity,  but  finally  demurred  to  it  by  the 
advice  and  on  the  representations  of  some  of  his  officers. 
"  General  Humbert,"  they  remarked, "  may  be  a  very  able 
man,  but  he  is  an  unnaturalized  foreigner.  We  think 
that  none  but  an  American  should  command  Americans. 
Are  we  to  admit  that  we  have^no  native  military  talent 
among  us  to  lead  us  to  \'ictory  in  the  defence  of  our 
countiy  ?  This  foreigner  claims  to  have  the  right  to  ask 
of  you  four  hundred  men.  It  is  derogatory  to  our  national 
character,  and  a  personal  affront  to  you.  It  implies  that 
you  are  believed  to  be  incapable  of  repairing  the  disaster 
which  has  lately  befallen  your  arms,  and  there  is  a  great 
want  of  generosity,  to  say  the  least  of  it,  ^n  not  allowing 
you  the  opportunity,  by  striking  another  blow  at  the 
enemy,  to  regain  what  you  may  have  lost  in  military 
reputation.  It  is  hardly  possible  that  General  Jackson 
intended  thus  to  lacerate  your  feelings.  Such  an  order 
should  have  been  in  writing.    General  Humben^  may 


I  '  \r'fy^'!.tt 'Pi'T*'  -1 


-  X-    /  ,■■  -    ■'■■• 


■■■,   -V-J.':    ■>:   .■'■ 

■        "'r'tJ.'.  ■■':?... 


■  -'■■:'■'->■' 


-.;    :;.wi.VV,.rf:^i' 


I  ■"; 


.    .     0.  .':  .r.  '  ' 

•    ■•-^.r:r..,. .- 

.  „,.■,-  .  t  *'»:  .•  ■■-  ■ ', . 


li*i- 


B: 


'•fis 


'd^.^f'-'. 


"^^r'-n 


494 


OENERAL   HUMBERT. 


[iSift. 


have  miscoDstrued  his  mission."  Others  were  indignant 
at  General  Humbert's  word  being  doubted :  "  General 
Jackson  could  not  have  supposed  such  a  thing,  and  there- 
fore had  not,  in  the  hurry  of  the  moment,  taken  time  to 
reduce  his  order  to  writing.  The  mere  fact  of  General 
Jackson's  telling  Humbert  to  demand  400  men  was  a 
proof  of  his  being  intended  as  Commander-in-Chief. 
"Was  such  a  man,  who  had  risen  to  his  grade,  step  by 
step,  from  the  lowest  ranks,  by  the  valor  he  had  dis- 
played in  so  many  battles,  to  be  under  the  command  of 
a  raw  militia  general?  The  appointment  of  Humbert 
was  lio  doubt  intended  by  General  Jackson,  not  only  as 
a  compliment  to  that  distinguished  foreigner,  who  had 
shown  such  zeal  in  our  cause,  but  also  as  an  act  of 
kindly  consideration  for  the  feelings  of  General  Morgan, 
who  ought  to  be  proud  to  serve  tinder  such  a  leader. 
General  Morgan  might  have  complained  with  some 
reason,  if  his  command  had  been  transferred  to  some 
other  militia  dignitary  like  himself,  of  no  higher  rank 
and  of  no  greater  distinction.  General  Jackson  had 
probably  viewed  it  in  that  light,  and  had  therefore 
shown  his  usual  delicate  tact,  when  sending  to  General 
Morgan  a  veteran  known  in  history  as  the  hero  of  Castle- 
bar.  To  such  a  man,  coming  to  his  assistance.  General 
Morgan  should  feel  that  he  ought  to  tender  the  command, 
even  *f  it  had  not  been  given  by  General  Jackson. 
French,  English,  Spanish,  and  other  troops  had  more 
than  once  been  commanded  by  foreigners.  Why  should 
Am^^ricans  be  more  sensitive?"  Thus  reasoned  those 
who  favored  G:eneral  Humbert. 

But  General  Humbert  was  "  displeased  and  went  off," 
write®  Colonel  Shaumburgh  to  Governor  Claiborne. 
There  seems,  indeed,  to  have  been  some  cause  for  confti- 
sion  as  to  who  was  to  command  on  that  day  on  the  right 
side  of  the  river,  for  General  Jackson  had  sent  the  fol- 


1816.J 


CONHITION   OF  MOEGAn'b  TBOOPS. 


495 


>'!-^ 


some 


lowing  note  to  Claiborne :  "Iliave  sent  you  all  the  re- 
inforcement that  I  can  spare,  or  that  I  have  arms  for. 
The  enemy  on  the  other  side  is  not  more  than  five  hun- 
dred strong.  The^  must  be  destroyed  P^  This  reinforce- 
ment was  but  feeble  in  number,  and  not  in  a  condition 
to  do  much  service.  The  men  had  passed  the  preceding 
night  under  arms,  had  fought  the  whole  morning,  and 
then  marched  four  miles  from  Jackson's  camp  to  New 
Orleans  in  the  rain  and  shivering  from  cold.  Some  had  no 
arms  at  all,  and  the  arms  and  ammunition  of  the  rest 
were  wet.  In  this  condition  they  were  to  be  hurriedly 
transported  on  the  other  side  of  the  ri\rer,  and  to  march 
^ur  other  miles  before  meeting  the  enemy.  "  In  fact," 
says  Colonel  Shaumburgh,  the  Governor's  aid,  "  they 
were  not  fit  for  a  new  combat  for  that  day."  The  Gov- 
ernor took  it  for  granted  that  he  was  to  cross  the 
river  and  take  the  command  immediately  over  Morgan. 
In  the  mean  time  he  ordered  Shaumburgh  to  pro- 
ceed to  Morgan^s  lines,  consult  with  him,  and  "  see 
what  could  be  done."  Shaumburgh  found  Morgan's 
command  '^  greatly  scattered,  disheartened  and  discon- 
tented." He  spoke  to  several  of  the  men,  and,  on  his 
reprobating  their  conduct,  they  replied :  "  Give  us  officers 
and  we  will  fight  better."*  General  Morgan,  on  being 
shown  Jackson's  characteristic  note  to  Claiborne,  in 
which  it  was  emphatically  said,  the  enemy  must  he  de- 
stroyedy  thought  that  it  could  not  be  executed,  and,  "  in- 
deed, by  the  looks  of  things,  I  thought  so  too,"  observes 
Shaumburgh.  Governor  Claiborne  arrived,  noticed  the 
''  unpleasant  situation  of  the  troops,"  and,  after  consulting 
with  Morgan  and  his  subordinate  officers,  came  to  the 
same  conclusions.  Under  these  circumstances,  he  deter- 
mvjied  to  make  a  "  true  statement"  to  General  Jackson 
on  the  subject,  and  recrossed  the  river  for  that  purpose. 

'  *  Execntiye  Jonmal,  Shatanbnrgh's  communicatioii  to  Claiborne. 


^..♦"'-•■■''■V  »«•  '1.1 


-   ■ ,  ">  ■,y(.* 

.•••■>'•  1-  ;'• 
"•.:'•■■,•:■-'.■;'■ 

.  ■  ,"■-'>■  V  ■  ■ 

-  '  -    ■  ■   ■        --ki*:    ' 


'■■■.■l'> 

,t' 

.•  ■••;•%■  -  ■ 

.;\ 

„'%V--t: 

•.•.:-,!.■»' 

[■» 

•V.--';'V'-'. 

r  ■.■^'.iv'i 

-r  ■ 

'nr::. 

'' 

.     -v.:  •- 

,•-•»■  ,^ 

^''    1 

■  '  •'    ■  ', 

-V.'-   ' 

■   f.  ■  ■:%  V 

%:■'' 

'- .'  ■.•< 

.:.'^«r 

\"V  ' 

■  --'i)^ 

.  1' , 

■  '}.'•■  i,-. 

' 

j::-i>:'^' 

>r,  ■ ' 

.«'■■'■  ■' 

f?! 


496 


SUbPENSION   OF   HOSTILrriES. 


[1815. 


^^i: 


■ii 


Fortunately  the  British  retired,  an  1  returned  to  their 
camp  on  the  other  side,  thus  saving  us  from  the  neces- 
sity of  an  attack.  Immediately  after  the  retreat  of  the 
enemy  our  troops  reoccupied  their  former  position,  and 
went  to  work  with  such  zeal,  that  Commodore  Patterson, 
on  the  13th  of  Januaiy,  wrote  to  the  Secretary  of  the 
Navy :  *'  Our  present  situation  is  now  so  strong,  that 
there  is  nothing  to  apprehend  should  the  enemy  make 
another  attempt  on  this  side." 

On  the  morning  of  the  9th,  General  Jackson  granted 
a  suspension  of  arms  to  bury  the  dead,  at  the  request  of 
General  Lambert,  who  had  assumed  the  command  of  the 
British  army.  A  touching  scene  occurred  when  we  d^ii^ 
livered  the  bodies  of  the  three  officers  who  had  been 
killed  on  our  breastworks.  Colonel  Rennie,  in  particu- 
lar, must  have  been  an  .object  of  love  and  admiration  to 
his  men ;  for  those  brave  soldiers  shed  tears  when  tak- 
ing p(^siftession  of  his  lifeless  fonn.  Some  knelt  and 
kissed  his  corpse ;  they  called  the  dead  "  father,"  and 
showed  all  the  depth  of  filial  grief.  Those  of  our  men 
who  witnessed  this  honorable  exhibition  of  feeling  were 
so  moved,  that  they  deplored  the  dire  necessity  of  the 
loss  they  had  inflicted  on  an  enemy.  When  this  mourn- 
ful duty  of  giving  sepulture  to  the  dead  had  been  per- 
formed, our  artillery  resumed  its  fire,  and  gave  no  rest 
to  the  British  camp,  into  which*  the  balls  of  our  heavy 
pieces  fell  with  great  accuracy.  Commodore  Patterson 
sent  to  Lake  Borgne,  through  Bayou  St.  John  and  the 
Rigolets,  six  armed  boats,  which  captured  several  trans- 
ports, made  a  good  many  prisoners,  and  annoyed  the 
enemy.  On  the  15th,  several  of  our  most  experienced 
officers  thought  they  saw  in  the  British  camp  unmistak- 
able indications  of  a  contemplated  retreat,  and  on  that 
same  day  their  conjectures  were  confirmed  by  the  report 
of  a  deserter.     On  the  17th,  General  Lambert  proposed 


^:A. 


[1815. 

their 
leces- 
»f  the 
1,  and 
erson, 
[)i  the 
;,  that 
make 

raated 
lest  of 
of  the 
we  d^ 
d  been 
)articu- 
ition  to 
len  tak- 
elt  and 
)r,"  and 
>ur  men 
ig  were 
of  the 
monm- 


1816.] 


ATTACK   OK   FORT 


JI»flILI/ 


497 


to  draw  up  a  cartel  of  prisont  icli   v^as  accepted, 

and  on  the  next  day  we  delivered  to  the  British  sixty- 
three  of  their  prisoners  in  return  for  the  same  number 
of  our  men,  leaving  in  our  hands  an  excess  of  several 
hundred. 

The  British  had  intended  to  send  into  the  Mississippi 
some  armed  vesatls,  to  co-operate  with  their  land  forces 
in  the  subjugation  of  Louisi;ina.  But  this  object  it  was 
impossible  to  accomplish  without  first  taking  posses- 
sion of  Fort  St.  Philip,  which  prohibited  theii*  entrance 
into  the  river.  Early  on  the  morning  of  the  8th,  Major 
Overton,  who  had  the  command  of  the  fort,  was  advised 
of^^ie  appioach  of  the  enemy,  and  on  the  9th  there  hove 
in  sight  two  bomb-vessels,  one  sloop,  one  brig,  and  one 
Hchooner.  They  anchored  two  and  a  quarter  miles  be- 
low the  fort,  and  two  barges  were  sent  apparently  for 
the  purpose  of  sounding  within  a  mile  and  a  half  of 
the  fort.  At  thin  moment  our  water  battery  opened 
upon  them,  and  its  well*directed  shot  caused  a  precipi- 
tate retreat  Shortly  after,  the  enemy  opened  their  fire 
from  four  seapmortars,  at  a  distance  whicb  was  beyond 
the  reach  of  any  of  our  pieqes,  and  it  continued  with  lit- 
tle interruptioB  until  the  17th.  Occasionally  our  bat- 
teries replied  with  great  vivacity,  particularly  when  the 
vessels  showed  any  disposition  to  change  their  position, 
and  make  a  forward  movement.  On  the  evening  of  the 
17th,  we  succeeded  in  having  a  heavy  mortar  in  readi- 
ness, which  opened  upon  them  with  so  much  effect,  that 
they  evidently  became  disordered  from  that  moment,  and 
at  daylight  on  the  18th  they  commenced  thei**  retreat. 
Our  loss  was  uncommonly  small,  althoogli  the  shot  of 
the  enemy  had  scarcely  left  ten  feet  of  the  fort  untouch- 
ed; it  amounted  to  two  killed  and  seven  wounded. 
"The  officers  and  soldiery"  says  Major  Overton  in  his 
report  to  Commodore  Patterson,  '^  although  nine  days 
32 


■■■•■/.'••":    ■. 
•'     ••  ..  ,■     '■■, ) 

•  ;•■-'  '7'''*    if' 

■■■■  :^-!^^Xk. 

■■  ■  ■  -''y'-'-  M  'if"  ' ' 


»•'»■• 


' . .  / 


.•*;.  -t'"    ■'-' 


-X."? 


U' 


wi 


m 


■*::?■ 


498 


EVACUATION   OF   THE   BBITISU   ABMY. 


[181S. 


and  nights  under  arms  in  the  different  batteriefl,  and 
notwithstanding  the  consequent  fatigue  and  loss  of  sleep, 
have  manifested  the  greatest  firmness  and  the  most  zeal- 
ous warmth  to  be  at  the  enemy."  This  failure  to  pass 
the  fort,  or  to  take  it,  probably  contributed  to  strengthen 
General  Lambert's  determination  to  evacuate. 

On  the  morning  of  the  19th  an  unusual  quietness  was 
observed  to  prevail  in  the  British  camp.    Was  it  evacu- 
ated ?    But  how  could  it  be  ?    There,  as  before,  were  the 
huts  standing,  the  flags  streaming  to  the  breeze,  the  sen- 
tinels posted  as  usual.    Telescopes  were  put  in  requisi- 
tion, but  those  who  used  them  differed  in  their  conclu- 
sions.   The  majority  thought  that  the  enemy  wai^till 
in  possession  of  his  camp.    The  veteran  Humbert  was 
consulted.     His  reply  was  positive:  the  enemy  had 
evacuated.     "  How  can  you  be  so  certain,  General  ? "  said 
Jackson.    Humbert  pointed  at  a  crow  which  was  in  a 
state  of  unnatural  proximity  to   one  of  the  sentries. 
Evidoutly  there  cpuld  be  no  life  in  those  pretended  cus- 
todians of  the  approaches  to  the  British  camp,  notwitk- 
standing  their   British   uniforms  and  their  gUttciing 
muskets.    They  were  mere  images;  the  hunted  and 
wounded  lion  had  fled  during  the  night.     Fearful  of 
some  stratagem,  General  Jackson,  in  order  to  ascertain 
the  real  state  of  things,  was  ordering  out  a  reconnoitering 
party,  when  a  flag  of  truce  came  with  a  letter  from  Gen- 
eral Lambert,  informing  General  Jackson  that  the  British 
army  had  evacuated  its  position  on  the  Mississippi,  and 
had,  for  the  present,  relinquished  all  undertaking  against 
New  Orleans  and  its  vicinity.    He  further  recommended 
to  the  humanity  and  generosity  of  General  Jackson  some 
wounded  men  whom  he  had  been  ocnnpelled  to  leave. 
There  was  no  attempt  made  on  our  part  to  harass  the 
enemy,  "  because  such  was  the  situation  of  the  ground 
which  he  abandoned,"  said  Ja«kson  in  his  dispatch  of 


£■*_ 


1815.] 


RKTREAT   OF   THE    BRITISH. 


499 


the  19th  of  January  to  the  Secretary  of  War,  "and  that 
through  which  he  retired,  protected  by  canals,  redoubts* 
and  intrenchments  on  his  right,  and  the  river  on  his  left, 
that  I  could  not,  without  encountering  a  risk  wLich  true 
policy  did  not  seem  to  require  or  authorize,  annoy  him 
much  on  his  retreat.      We  took  only   eight  priaCT^- 


n 


1'        dd, 

^  Aered 


•^mu 
^ion 


> 


ers. 

General  Lambert,  in  his  dispatch  of  the  28th  of  Jan- 
uary to  £arl  Bathurst,  says  ''  that  he  effected  I  retreat 
without  molestation;  that  all  the  sick  f^f' 
with  the  exception  of  eighty  whom  ^  ,\f 
dangerous  to  remove,  with  all  the  field  ♦»♦  ili  ' 
n^iion,  hospital  and  other  stores  of  e '  r) 
which  hf  I  been  lauded  on  a  very  lar<^  ^tiJe,  were  all 
brought  away ;  and  that  nothing  fell  into  the  hands  of 
the  Americans,  excepting  six  iron  eighteen-pounders 
mounted  on  sea-cairiages,  and  two  carronades.''  We 
say  fourteen  instead  of  eight  pieces  of  artillery,  but  we 
admit,  as  General  Lambert  avers,  "  that  they  were  ren- 
dered perfectly  unserviceable."  General  Lambert  further 
informs  his  Lordship  that  only  four  men  were  reported 
absent  on  the  next  morning  after  his  retreat;  "and 
these,"  he  adds,  "  must  have  been  left  behind,  and  must 
have  fallen  into  the  hands  of  the  enemy ;  but  when  it  is 
considered  that  the  troops  were  in  perfect  ignorance  of 
the  movement  until  a  fixed  hour  during  the  night ;  that 
the  pickets  did  not  move  off  till  half-past  three  o'clock 
in  the  morning,  and  that  the  whole  had  to  retire  through 
the  most  difficult  now-siade  road,  wet,  marshy  ground, 
impassable  for  a  horse,  and  where,  in  many  places,  the 
men  oould  only  go  in  single  files,  and  that  the  absence  of 
men  might  be  accounted  for  in  so  many  ways,  it  would 
be  rather  a  matter  of  surprise  that  the  number  was  so 
few.'^  The  General  declares  in  the  same  communication 
''  that  he  has  every  reason  to  believe  that  the  treatment 


•    ■■•■*•/>    "I 
t  •  ,    •*•'.'  v.,   •• 

■        "         a'       • 

■'.'    ■'■•■'■'     )U 

.    ■,  .    IN.'    ■.'■    '■'■        ■ 

'■.;  -M^^M 

i,       .'f  ■*■'','(■%'■  ■ 


r*.  -■ 


■'S'^h' 


■",.'■■.'.,■'■-  '■' 


:l^  x'ii^'f^ ■■'' . 


ii  ■' 


'W 


500 


JACKSON   VISITS   THE   BBITISH   CAMP. 


[1815. 


of  tlifc  prisoners  and  the  wounded  by  the  Americans  had 
been  kind  and  humane." 

On  the  day  on  which  the  evacuation  of  the  British 
camp  was  ascertained,  Greneral  Jackson  wrote  to  the 
Secretary  of  War  : 

"  Whether  it  is  the  purpose  of  the  enemy  to  abandon  the  expedi- 
tion altogether,  or  renew  his  eflforts  at  some  other  point,  I  shall  not 
pretend  to  decide  with  positiveness.  In  my  own  mind,  however, 
there  is  very  little  doubt  but  his  last  exertions  have  been  made  in 
this  quarter,  at  any  rate  for  the  present  season ;  and  by  the  next, 
|f  he  shall  choose  to  revisit  us,  I  hope  we  shall  be  iuUy  prepared 
for  him.  In  this  belief  I  am  strengthened,  not  only  by  the  prodig- 
ious loss  he  sustained  at  the  position  he  has  just  quitted,  but  by 
the  failure  of  his  fleet  to  pass  Fort  St.  Philip."  .^^n 

GloriouS  as  had  been  this  campaign  for  the  United 
States,  General  Jackson  thought  that  it  might  have  been 
still  more  glorious,  for  he  added : 

"  I  am  more  and  more  satisfied  in  the  belief  that,  had  the  armu 
reached  us  which  were  destined  for  us,  the  whole  British  army 
in  this  quarter  would,  before  this  time,  have  been  captured  or  de- 
stroyed. We  succeeded,  however,  on  that  day  (8th  of  January) 
in  getting  from  the  enemy  about  one  thousand  t  and  of  arms  of 
various  descriptions,  my  artillery  from  both  sides  of  the  river 
being  constantly  employed  till  the  night  and  the  hour  of  their  re- 
treat in  annoying  them.  It  was  time  to  quit  a  position  in  which 
so  little  rest  could  be  enjoyed." 

The  retreating  anny,  having  reached  the  bleak  and 
swampy  shores  of  Lake  Borgne,  remaiiied  encamped  for 
several  days  in  that  uncomfortable  position,  and  it  was 
not  until  the  27th  that  it  was  entirely  removed. 

In  the  mean  time,  General  Jackson,  accompanied  by  his 
staff,  had  visited  the  camp  lately  occupied  by  the  for- 
midable foe  against  whom  he  had  preserved  Louisiana, 
and  had  aissured  the  wounded  whom  he  found  in  it  that 
they  would  promptly  receive  all  the  assistance  and  at- 
tention which  their  situation  required.     It  must  have 


[1815. 

ns  liad 

Britisli 
to  the 


e  expedi- 
:  shall  not 
hovrevev, 

made  in 
the  next, 

prepared 
tie  prodig- 
!d,  fcut  by 

e  United 
lave  been 


i  the  arms 
itish  army 
ared  or  de- 
f  January) 
of  arms  of 
,f  the  river 
of  their  re- 
)n  in  which 


1816.] 


JACKSON   OBDERS   A   THANKSGrVING. 


501. 


been  a  proud  day  for  General  Jackson,  but  in  his  exul- 
tation, the  warrior  did  not  forget  Him  who  is  the  Great 
Dispenser  of  all  human  triumphs  and  humiliations,  and 
hastened  to  pay  his  debt  of  gratitude  by  writing  the  fol- 
lowing appropriate  letter  to  the  Abb6  Dubourg,  who 
was  then  at  the  head  of  the  Catholic  Diocese  of  New 
Orleans : 

"  Reverend  Sir :  The  signal  interposition  of  Heaven,  in  giving 
success  to  our  arms  agaipst  the  enemy  who  so  lately  landed  on 
our  shores — an  enemy  as  powerful  as  inveterate  in  his  hatred — 
while  it  must  excite  in  every  bosom  attached  to  the  happy  gov- 
ernment under  which  wo  live  emotions  of  the  liveliest  gratitude, 
requires  at  the  same  time  some  external  manifestation  of  those 
feelings.  Permit  me,  therefore,  to  entreat  that  you  will  cause  the 
service  of  public  thanksgiving  to  Tm  performed  in  the  Cathedral,, 
in  token  of  the  great  assistance  weTKive  received  from  the  Ruler 
of  all  events,  and  axut  humble  sense  of  it." 

On  this  same  day  of  patriotic  rejoicing — ^the  day  which 
marked  the  evacuation  of  Louisiana  by  the  British — 
Claiborne,  in  a  communication  to  the  President  of  the 
United  States,  said,  with  little  foresight  of  the  future : 
"  The  opponents  of  the  American  Union  will  no  longer, 
1  hope,  think  it  easy  to  make  an  impression  on  its  distant 
sections,  and  the  friends  of  our  common  country  may 
hereafter  look  with  calmness  on  any  attempt  which  may 
be  made  to  .sever  any  of  its  members  from  the  original 
stock."  |The  "  American  Union"  has  been  dissolved, 
temporarily  at  least ;  its  members  have  been  severed  from 
what  the  Governor  calls  the  "  original  stock,"  but  the 
tempestuous  wind  which  caused  the  wreck  blew  from 
another  quarter  than  the  one  which  was  then  looked  to 
as  the  source  of  danger. 

Thus  the  enemy  had  gone  away,  crippled  but  still 
powerful — ^baffled  at  one  point,  it  is  true,  but  might  not 
te  return  at  another?    General  Jackson,  to  provide 


^*f/*.V  .if."-;- 

■-.- IV'   '/'■;>  ■••i-f 


.fVi'^  _-uv 


■m'. 


^  1 


'¥■  ■ 


'.'  ft' I 


^^^ 


'■■/■,'Vi"- 


'?■■ ' 


itir' 


502 


JACKSON   TO   HIS   AEMT. 


[1815. 


against  this  contingency,  took  the  most  active  and  well- 
devised  measures  in  strengthening  all  his  defensive  posi- 
tions. He  left  a  regiment  of  Louisiana  Militia  on  Vil- 
lere's  plantation,  a  detachment  of  Kentucky  troops  on 
Lacoste's,  the  7th  Eegiment  of  regulars  in  the  lines  which 
he  had  occupied,  and  returned  to  New  Orleans  on  the 
21st  with  the  rest  of  his  troops,  after  having  sent  numer- 
ous parties  to  reconnoitre  the  enemy  on  the  shore  of  Lake 
Borgne,  in  order  to  be  kept  advised  of  his  movements. 

Before  breaking  his  lines,  General  Jackson  had  an 
eloquent  address  read  at  the  head  of  each  corps,  in 
which  he  said : 

"  The  enemy  has  retreated,  and  your  General  has  now  leisure  to 
proclaim  to  the  world  what  he  has  noticed  with  admiration  and 
pride — your  undaunted  courag||your  patriotism,  and  your  patience 
under  hardships  and  fatigues.  Natives  of  different  States,  acting  , 
together  for  the  first  time  in  this  camp,  differing  in  habits  and  lan- 
guage, instead  of  viewing  in  these  circumstances  the  germ  of  dis- 
trust and  division,  you  have  made  them  the  source  of  an  honorable 
emulation,  and  from  the  seeds  of  discord  itself  have  reaped  the 
fruits  of  an  honorable  union." 

Alluding  to  the  alacrity  and  promptitude  with  which 
the  troops,  from  their  scattered  encampments,  had  gath- 
ered to  meet  the  enemy  on  the  23d  of.  December,  he 
made  use  of  these  expressions : 

"  The  gay  rapidity  of  the  march,  the  cheerful  countenances  of 
the  officers  and  men,  would  have  induced  a  belief  that  some  festive 
entertainment,  not  the  strife  of  battle,  was  the  object  to  which  they 
hastened  with  so  much  eagerness  and  hilarity.  In  the  conflict  that 
ensued  the  same  spirit  was  supported." 

In  this  rapid  and  masterly  review  of  the  achievements 
of  the  army,  the  General,  coming  to  the  great  battle  of 
the  8th  of  January,  observed : 

"  The  final  effort  was  made.  At  the  dawn  of  day  the  batteries 
opened,  and  the  columns  advanced.    Knowing  that  volunteers  from 


1816.] 


THE   £ESULTS    OBTAINED. 


503 


Tennessee  and  the  militia  from  Kentucky  were  stationed  on  your 
left,  it  was  there  they  directed  their  attack.  Reasoning  always 
from  false  principles,  they  expected  little  opposition  from  men 
whose  officers  even  were  ngt  in  uniform,  who  were  ignorant  of  the 
rules  of  war,  and  who  had  never  been  caned  into  discipline.  Fatal 
mistake !  A  fire  incessantly  kept  up,  directed  with  calmness  and 
unerring  aim,  strewed  the  field  with  the  bravest  officers  and  men 
of  the  column,  which  slowly  advanced  according  to  the  most  ap- 
proved rules  of  European  tactics,  and  was  cut  down  by  the  untu- 
tored courage  of  American  militia." 

In  conclusion,  lie  summed  up  in  these  few  lines  the 
results  obtained,  as  being  incalculably  important : 

"  The  pride  of  an  arrogant  enemy  humbled,  his  forces  broken,  his 
leaders  killed,  his  insolent  hopes  of  our  disunion  frustrated,  his  ex- 
pectations of  rioting  in  our  spoils  and  wasting  our  country  changed 
into  ignominious  defeat,  shameful  flight,  and  a  reluctant  acknowl- 
edgment of  the  humanity  and  kindness  of  those  whom  he  had 
doomed  to  all  the  horrors  and  humiliation  of  a  conquered  State. 
On  the  other  side,  unanimity  established,  disaffection  crushed,  con- 
fidencagcestored,  your  country  saved  from  conquest,  your  property 
from  pmage,  your  Wives  and  daughtgrs  from  insult  and  violation, 
the  Union  preserved  from  dismemberment,  and  perhaps  a  period 
put  by  this  decisive  stroke  to  a  bloody  and  savage  war.  These, 
my  bravo  friends,  are  the  consequences  of  the  efforts  you  have  made 
and  the  success  with  which  they  have  been  crowned  by  Heaven." 

In  the  general  orders  which  were  appended  to  this 
address,  the  Commander  in-Ghief  publicly  noticed  the 
conduct  of  the  different  corps  which  composed  thd  army, 
and  paid  a  just  and  well-merited  tribute  of  praise  to  the 
officers  and  men  who  had  particularly  distinguished 
themselves.  In  speaking  of  the  Mississippi  cavalry, 
under  Hinds,  he  said :  "  The  daring  manner  in  which 
they  reconnoitered  the  enemy  on  his  lines  excited  the 
admiration  of  oiie  army,  and  the  astonishment  of  the 
other."  If  he  had  severely  reprobated  as  dastardly  )the 
conduct  of  the  KentucHans  on  the  right  side  of  the 
river,  he  warmly  commended  their  behavior  on  the  left. 


■  -.*•      .4"-      (    V    --i 

'..'■  ■■■%^  ■  ■  ■^- 

:  ■     ■  M     ' 
■    1  I-:-'  .  - 


m 


504 


COMPLIMENTS   TO   THE   BARATARIANS. 


[1815. 


"  General  Adair,"  he  said,  "  who,  owing  to  the  indispo- 
sition of  General  Thomas,  brought  np  the  Kentucky 
militia,  has  shown  that  troops  will  always  be  valiant 
when  their  leaders  are  so.  No  ~men  ever  displayed  a 
more  gallant  spirit  than  these  under  that  most  valuable 
officer.  His  country  is  under  obligation  to  him."  The 
plain  inference  from  this  paragraph  is,  that  if  the  Ken- 
tuckians  and  other  troops  under  General  Morgan  had 
shown  timidity,  it  was  heca/iise  they  liad  not  been  under 
valiant  leadei'S.  This  explains  why  General  Jackson 
sent  General  Humbert  to  supersede  General  Morgan.  He 
thus  noticed  the  Baratarians — those  whom  he  had  so 
lately  called  "  hellish  banditti :"  "  Captains  Dominique 
and  Beluche,  lately  commanding  privateers  at  Barataria, 
Avith  part  of  their  former  crew  and  many  brave  citizens 
of  New  Orleans,  were  stationed  at  batteries  Nos.  3  and 
4.  The  General  cannot  avoid  giving  his  warm  approba- 
tion of  the  manner  in  which  these  gentlemen  ha^je  uni- 
formly conducted  themselves  while  under  his  coinnand, 
and  of  the  gallantry  with  which  they  have  redeemed 
the  pledge  they  gave  at  i;he  opening  of  the  campaign  to 
defend  the  country.  The  brothers  Lafitte  have  exhibited 
the  same  courage  and  fidelity ;  and  the  General  promises 
that  the  Government  shall  be  duly  apprised  of  their 
conduct."  It  is  impossible  to  refrain  from  a  smile  when 
obser\^ng  in  how  short  a  time  Gen^nl  Jackson  had 
modified  his  views  and  expressicus  concerning  these 
men.  On  the  2l8t  of  September  they  were  **  pirates  and 
hellish  banditti;"  on  the  2l8t  of  January  they  were 
"  privateers  and  gentlemen." 

It  ha6  been  related  in  the  course  of  this  History  that 
Governor  Claiborne  and  General  Jackson  had  been  very 
anxious  for  the  adjournment  of  the  Legiillature  during 
the  invasion,  andi  that  the  Governor  had  in  vain  invited 
both  Houses  to  cease  their  labors  until  a  more  opportune 


1815.] 


GENEEAL   JACKSON's   REPORT. 


505 


time.  In  the  following  paragraph  of  an  order  of  the  day, 
Jackson  indirectly  censures  the  members  who  had  pre- 
ferred legislating  instead  of  rushing  to  arras,  when  *he 
enemy  was  almost  at  the  door  of  the  State  House  : 

"  The  General  takes  the  greatest  pleasure  in  noticing  the  conduct 
of  General  Garrigue  de  Flaugeac,  cor\2?anding  one  of  the  brigades 
of  militia  of  this  State,  and  member  of  the  Senate.  His  brigade  not 
b^ing  in  the  field,  as  soon  as  the  invasion  was  known  he  repaired 
to  the  camp,  and  oflEered  himself  as  a  volunteer  for  the  service  of 
a  piece  of  artillery,  which  he  directed  with  the  skill  which  was  to 
be  expected  from  an  experienced  artillery  officer.  Disdaining  the 
exemption  afforded  by  his  seat  in  the  Senate,  he  oontinueu  in  this  sub- 
ordinate but  honorable  station,  and  by  his  example  as  well  as  his 
exertion,  has  rendered  essential  services  to  his  country.  Mr.  Se- 
bastian Hiriart,  of  the  same  body,  set  the  same  example,  served  a 
considerable  time  in  the  ranks  of  the  volunteer  battalion,  and 
afterward  as  adjutar  i.  of  the  colored  troops." 

In  relation  to  these  colored  troops,  the  formation 
of  which  had  produced  some  feeling  of  discontent,  he 
said :  *'  The  two  corps  ot  colored  volunteers  have  not 
disappointed  the  hopes  that  were  formed  of  their 
courage  and  perseverance  in  the  performance  of  theu* 
duty.  Majors  Lacoste  and  Daquin,  who  commanded 
them,  have  deserved  well  of  their  country.''  He  thus 
complacently  noticed  the  conduct  of  two  distinguished 
foreigners :  "  General  Humbert,  who  offered  his  services 
as  a  volunteer,  has  continually  exposed  himself  to  the 
greatest  dangers  with  his  characteristic  braver} ,  as  has 
also  the  Mexican  field  marshal,  Don  Juan  de  Anaya, 
who  acted  in  the  same  capacity."  Of  Major  Lacarrlere 
Latour,  from  whose  Historical  Memoir  on  this  campaign 
we  have  so  often  quoted,  he  said :  "  The  Chief  Engineer, 
Major  Lacarriere  Latour,  has  been  useful  to  the  army 
by  his  talents  and  bravery." 

With  regard  to  the  humiliating  event  which  had 
occurred  on  the  right  bank  of  the  Mississippi,  a  court  of 


■  -  .'*';»'-t-»-. -7;*  m 


■;.•••*''.■■■■;%  '.((--r  V 


■■■^' '. 


■■<^, 


>  ' 


■:i,-!t'-- 


I'    ■:■' 
■■■,  '<■'  ■ 


506 


EEPORT   OF  A   COURT-MA.KTIAL. 


[1816. 


w^-l 


7}^ 

SJ^^ifU-'" 

^9@H 

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M 

KP;- 

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^^yl 

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T^'^Rl 

[WtTW^/lj^^,  ,  , 

f^j^ 

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"^//iqKl 

iJtfl  tfTlf^W  ^,.1 

ijt^^i; 

"J^K    ^'ir  W***  '• 

m 


my 


^^■ 


inquiry  was  subsequently  held,  and  was  presided  over  by 
Major-General  Carroll.  Th6  court  decided  that  the  con- 
duct of  Colonels  Davis,  D6jean  and  Cavelierhad  not  been 
"reprehensible;"  that  the  causes  of  the  disaster  were 
to  be  attributed  to  the  "  shameful  flight  of  the  command 
of  Major  Arnaud" — ^to  the  retreat  of  the  Kentucky 
militia,  which,  considering  their  position,  the  deficiency 
of  their  arms  and  other  causes, "  might  be  excusable  " — 
and  to  the  panic  and  confusion  introduced  in  every  part 
of  the  line,  thereby  occasioning  the  retreat  and  confusion 
of  the  Orleans  and  Louisiana  drafted  militia. 

With  regard  to  General  Morgan,  the  court  held  the 
following  language : 

"  Whilst  the  court  find  much  to  applaud  in  the  zeal  and  gal- 
lantry of  the  officer  immediately  commanding,  they  believe  that 
a  further  reason  for  the  retreat  may  be  found  in  the  manner  in 
which  the  force  was  posted  on  the  line,  xehich  they  consider  exception- 
able. The  commands  of  Colonels  Dejean,  Cavelier  and  Declouet, 
composing  five  hundred  men,  supported  by  three  pieces  of  artillery, 
having  in  front  a  strong  breastwork,  occupying  only  a  space  of 
two  hundred  yards,  whilst  the  Kentucky  militia,  only  one  himdred 
and  seventy  men  strong,  without  artillery,  occupied  more  than 
three  hundred  yards,  covered  by  a  small  ditch  only." 

Certainly,  General  Morgan  had  no  right  to  complain 
of  the  mildness  of  this  censure,  the  word  "  exception- 
able "  being  as  soft  an  adjective  as  could  be  applied  to 
his  military  dispositions  on  that  day. 

It  is  needless  to  attempt  to  describe  the  ovation  which 
attended  the  return  of  the  victorious  army  to  New  Or- 
leans.  It  can  be  more  easily  imagined.  The  whole 
population  was  in  the  streets,  at  the  balconies,  at  the 
windows,  and  even  on  the  tops  of  the  houses.  There 
was  joy  in  every  breast,  joy  in  every  face ;  there  were 
such  greetings  as  the  heart  alone  can  give ;  it  was  a  feast 
of  the  soul  for  those  who  received,  and  those  who  ten- 


1815.]         RECEPTION  OP  JACKSON  IN  NEW  0ELEA.N8.  507 

dered,  the  welcome.  The  23d  had  heeu  appointed 
for  the  celebration  of  a  SAemn  Thanksgiving  in  the 
Cathedral,  with  all  ^he  gorgeous  ceremonies  of  the  Cath- 
olic Church.  All  the  citizens,  whatever  their  religious 
creed  was,  joined  their  exertions  to  make  that  festival 
as  impressive  as  it  was  in  their  power.  In  front  of  the 
Cathedral,  in  the  middle  of  that  square  which  is  now 
known  as  Jackson  Square,  and  where  the  equestrian 
statue  of  the  hero  commemorates  his  fame  and  the  grati- 
tude of  Louisiana,  a  triumphal  arch  was  temporarily 
erected.  It  was  supported  by  six  columns.  On  the 
right  was  a  young  woman  with  the  attributes  of  Justice 
which  she  represented,  and  another,  on  the  left,  person- 
ated the  Goddess  of  Liberty.  Under  the  arch  two 
beautiful  boys,  looking  as  if  they  were  angels  dropped 
from  heaven  on  the  pedestals  on  which  they  stood,  held, 
each  in  his  tiny  hand,  a  crown  of  laurels.  F^om  the  arch 
to  the  Church,  at  proper  intervals,  were  ranged  young 
ladies  representing  the  different  States  and  Territories  of 
the  American  Union.  They  were  all  dressed  in  white, 
and  covered  with  transparent  veils.  A  silver  star  glit- 
tered on  their  foreheads.  Each  one  held  in  her  right 
hand  a  flag  on  which  was  inscribed  the  name  of  the  State 
she  represented,  and  in  her  left  a  basket  of  flowers 
trimmed  with  blue  ribbons.  Behind  each  was, a  shield 
appended  to  a  lance  stuck  in  the  ground,  and  inscribed 
with  the  name  of  a  State  or  Territory.  These  shields 
were  linked  together  with  verdant  festoons,  and  formed 
a  kind  of  lane  from  the  triumphal  arch  to  the  gray  iiowers 
of  the  time-honored.  Cathedral  In  the  rear  on  both 
sides,  and  extending  from  the  entrance  of  the  Square 
which  faced  the  river  to  the  Church,  was  a  glittering 
avenue  of  bayonets  foi-med  by  the  uniform  companies  of 
Plauch^'s  Battalion,  and  back  of  them,  in  every  direction, 
surged  and  undulated  like  a  sea  of  human  beings  the 


I 


•■■■  --.iV'^-1/'' 
■    \  '.■•.■-■■  *;■!,•  ;••      I 

■  ■■■'■'  •;•  ->  .i-ftA 


''''■■'■Hi 


*■.  '  *!'•'.'  'n'-- 


■  '  y  <:  ■Ml*;-'-' 


•'<V,4 


'■< 


508 


ADDRESS  ,0F   ABB^   DUBOUBG. 


[1815. 


immense  multitude  assemblid  to  witness  the  pageantry 
of  the  day.  The  boom  of  arllllery  and  a  burst  of  military 
music  announced  the  approach  of  the  hero.  The  air  was 
rent  with  acclamations,  and  the  hands  of  beauty  waved 
handkerchiefs  and  flags  from  the  adjacent  buildings, 
which  were  crowded  with  eager  spectators.  As  General 
Jackson  passed  under  the  triumphal  '>rch  he  was  crown- 
ed by  the  two  youthful  genii  who  expected  him  on  their 
pedestals,  and  was  congratulated  in  an  address  delivered 
by  the  girl  who  personated  the  State  of  Louisiana. 
Then,  as  he  proceeded  to  the  Church,  thj  other  States 
and  Territories  gracefully  bowed  their  heads  to  h?m.  each 
waving  her  flag,  and  sti^ewing  his  path  with  flowers.  At 
the  door  of  the  Cathedral  he  met  Abb^  Dubourg  with 
all  his  clerg}'.  That  venerable  personage  thus  addressed 
him  in  terms  well  suited  to  the  occasion  and  to  the 
sacred  charalKier  of  the  orator :   • 

.AM 

"General:" 

"  Whilst  the  State  of  Louisiaaa,  in  the  joyAil  transports  of 
her  gratitude,  hails  you  as  her  deliverer  and  the  asserter  of  her 
menaced  liberties ;  whilst  grateM  America,  so  lately  wrapped  up 
in  anxious  suspense  on  the  fate  of  this  important  city,  the  empori- 
um of  the  wealth  of  one-half  of  her  territory,  and  the  true  bulwark 
of  her  independence,  is  now  re-echoing  from  shore  to  shore  your 
splendid  achievements,  and  preparing  to  inscribe  your  name  on  her 
immortal  rolls  among  those  of  her  Washingtons ;  whilst  history, 
poetiy,  and  the  monumental  art:  :;»iil  vie  in  consigning  to  the  ad- 
miration of  the  latest  posterity  a  triumph  perhaps  unparalleled  in 
their  records ;  whilst  thus  raised  by  universal  acclamation  to  the 
very  pinnacle  of  fame,  and  surrounded  with  ascending  clouds  of 
incense,  how  easy  it  hiad  been  for  you.  General,  to  forget  the  Prime 
Mover  of  your  wonderful  success,  and  to  assume  to  yourself  a  praise 
which  must  essentially  return  to  that  exalted  source  whence  every 
sort  of  merit  is  derived  I  But,  better  acquranted  with  l^e  nature 
of  true  glory,  and  justly  placing  the  summit  of  your  ambition 
in  approving  yourself  the  worthy  instrument  of  Heaven's  merciftil 
designs,  the  first  impulse  of  your  religious  heait  was  to  acknowl- 


1815.] 


ADDRESS   OF    ABBlfi   DUBOURG. 


509 


edge  the  signal  interposition  of  Providence ;  your  first  step  is  a 
solemn  display  of  your  humble  sense  of  His  favors. 

"  Still  agitated  at  the  remembrance  of  those  dreadful  agonies 
from  nthich  we  have  been  so  miraculously  rescued,  it  is  our  duty 
also  to  acknowledge  that  the  Almighty  has  truly  had  the  principal 
hand  in  our  deliverance,  and  to  follow  you.  General,  in  attributing 
to  His  infinite  goodness  the  homage  of  our  unfeigned  gratitude. 
Let  the  infatuated  votary  of  A  blind  chance  deride  our  credulous 
simplicity ;  let  the  cold-hearted  atheist  look  up  for  the  explanation 
of  such  important  events  to  the  mere  concatenation  of  human 
causes ;  to  us,  the  whole  universe  is  loud  in  proclaiming  a  Supreme 
Ruler,  who,  as  he  holds  the  hearts  of  man  in  hia  hands,  h'>ld8  also 
the  thread  of  all  contingent  occunences.  *  Whatever  be  His  inter- 
mediate agents,*  says  an  illustrious  prelate,  *  still  on  the  secret  or- 
ders of  His  all-ruling  providence  depend  the  rise  and  prosperity,  as 
well  as  the  decline  and  downfall  of  empires.  From  His  lofty  throne 
above  He  moves  every  scene  below,  now  curbing,  now  letting  loose 
the  passions  of  men ;  now  infusing  His  own  wisdom  into  the  lead- 
ers of  nations;  now  confounding  their  boasted  prudence,  and 
spreading  upon  their  councils  a  spirit  of  intoxication,  and  thus  ex- 
ecuting his  uncontrollable  judgments  on  the  sons  of  iben  according 
to  the  dictates  of  His  own  unerring  justice.' 

"  To  Him,  therefore,  our  most  fervent  thanks  are  due  for  our  late 
unexpected  resouC)  and  it  is  Him  we  chiefly  intend  to  praise,  when 
considering  you.  General,  as  the  man  of  his  right  kand^  whom  he  has 
taken  pains  to  fit  out  for  the  important  commission  of  our  defence. 
We  extol  that  fecundity  of  genius  by  which,  in  circumstances  of  the 
most  discouraging  distress,  you  created  unforeseen  resources,  raised 
as  it  were  from  tue  ground  hosts  of  intrepid  warriors,  and  provided 
every  vulnerable  point  with  ample  means  of  defence.  To  Him  we 
trace  that  instinctive  superiority  of  your  mind,  which  alone  rallied 
around  you  universal  confidence,  impressed  one  irresistible  move- 
ment to  all  the  jarring  elements  of  which  thii  political  machine  is 
composed,  aroused  their  slumbering  spirits,  and  diffused  through 
.  every  rank  that  noble  ardor  which  glowed  m  your  own  bosom. 
To  Him,  in  fine,  we  address  our  aoknowledpriaents  for  that  consum- 
mate prudence  which  defeated  all  the  coinbinations  of  a  sagacious 
enemy,  entangled  lumin  the  very  snares  which  he  had  spread  be- 
fore na,  and  succeeded  in  effecting  his  utter  destruction,  without 
hardly  exposing  the  lives  of  our  citizens.  Immortal  thanks  be  to 
HiR  Supreme  Majesty,  for  sending  us  such  an  instrument  of  His 
bountiful  designs !  A  gift  of  that  value  is  the  best  token  of  the 
continuance  of  His  protection — ^the  most  solid  encouragement  to  us 


-  ';■' '*!v' II 

-  ...■>  ^k--.  >l 

■  •  •  .■'-••iJ?'.  *l 
•  '•^^■-■"''f^'.'W 

.'-'.■  A'V'-.MS'-'il 
-    i,VT''.->,«i  '  ',1 


■'■■■  ■^:-v'iM^^'\ 

-'./..•t.i-.  -J "-A 
^    ■■■,»'■»' •7. /|'-  M 


Kl  ■'■ 


;>,  >-''' 


•  '.^ 


■■»-) 


i£^V."^' 


..  '! 


510 


.TACKSON^S   ANSWER   TO  DUBOURO. 


[1815. 


■■■.•:^^ 


:■*' 


U 


i% 


«* 


to  8110  for  new  favors.  Tho  first  which  it  emboldens  ns  humbly  to 
supplicate,  as  it  is  the  nearer  to  our  throbbing  hearts,  is  that  you 
may  lonfr  c*^joy,  General,  the  honors  of  your  grateful  country,  of 
which  yon  will  permit  us  to  present  you  a  pledge  in  this  wreath 
of  laurel,  the  prize  of  victory,  the  symbol  of  immortality.  The 
next  is  a  speedy  and  honorable  termination  of  the  bloody  contest 
in  which  we  are  engaged.  No  one  has  so  efficaciously  labored  as 
yon.  General,  for  the  acceleration  of  that  blissflil  period.  May  wo 
soon  reap  that  sweetest  fruit  of  yonr  splendid  and  uninterrupted 
victories  1" 

In  this  address  a  just  tribute  was  paid  to  the  merits 
of  General  Jackscm  and  to  the  leading  traits  of  his  char- 
acter, which,  in  a  few  phrases,  were  accurately  delineated. 
Having  received  the  wreath  of  laurel  presented  by  the 
apostolic  hands  of  the  speaker,  the  General  made  this 
modest  and  felicitous  reply : 

"  Reverend  Sir,  I  receive  with  gratitude  and  pleasure  the  sym- 
bolical crown  which  piety  has  prepared.  I  receive  it  in  the  name 
of  the  brave  men  who  have  so  effectually  seconded  my  exertions 
for  the  preservation  of  their  country.  They  well  deserve  the  laur- 
els which  their  country  will  bestow. 

"  For  myself,  to  have  been  instrumental  in  tha  deliverance  of 
such  a  country,  is  the  greatest  blessing  that  Heaven  could  confer. 
That  it  has  been  effected  with  so  little  loss — that  so  few  tears 
should  cloud  the  smiles  of  our  triumph,  and  not  a  cypress  leaf  be 
interwoven  in  the  wreath  which  you  present,  is  a  source  of  the 
most  exquisite  enjoyment. 

"  I  thank  you.  Reverend  Sir,  most  sincerely,  fbr  the  prayers  which 
you  offer  up  for  my  happipess.  May  those  yonr  patriotism  dic- 
tates for  our  beloved  country  be  first  heard !  and  may  mine  for 
your  individual  prosperity,  as  well  as  that  of  the  congregation 
committed  td  your  care,  be  favorably  received!  The  prosperity, 
the  wealth,  the  happiness  of  this  city  will  then  be  commensurate 
with  the  courage  and  other  qualities  of  its  inhabitants.** 

It  is  painful  to  record  that,  amidst  all  these  rejoicings, 
there  were  hearts  which  still  remained  deeply  idcerated 
by  that  ipilitary  interference  with  the  Legislature  of 
Louisiana  on  the  28th  of  December,  which  many  attrib- 
ted  to  General  Jackson. 


CHAPTER   XL  * 

GOVERNOR  Claiborne's  administration — tbeatt  of  peace  be- 
tween THE  UNITED  STATES  AND  GREAT  BRITAIN — NEGOTIATIONS 
WITH  THE  BRITISH  ABOUT  THE  SURRENDER  OF  SLAVES — CONFLICT 
BETWEEN  THE  LEGISLATURE  AND  GENERAL  JACKSON. 

iai5. 

Geotsral  Jaoksow,  having  now  established  his  camp 
and  headquarters  at  New  Orleans,  extending  to  a  distance 
of  abont  foiu*  miles  all  round,  was  actively  engaged  in  pro- 
viding to  meet  any  renewal  of  the  attack  lately  made, 
and  in  strengthening  every  point  where  it  was  possible 
that  the  enemy  might  undertake  to  penetrate  a  second 
time  into  Louisiana.  So  effective  were  his  measures, 
that  toward  the  end  of  January,  the  State  was  in  a  con- 
dition to  dfify  double  the  force  that  had  at  first  attacked 
her.* 

The  British  army  had  finally  withdrawn  from  Louis- 
iana on  the  27th  of  January,  carrying  away  one  hundred 
ai>d  ninety-nine  negroes.  General  Jackson  had  already 
taken  steps  to  claim  them  as  private  property,  and  to 
demand  their  restoration  to  their  legitimate  owners, 
when,  on  the  Slst,  Claiborne  addressed  him  on  the  sub- 
ject, and  inquired  if  anything  further  had  been  heard 
from  the  British  commander-in-chief  respecting  those 
slaves.  "  You  will  excuse  my  solicitude,"  he  said,  "  on 
a  subject  so  immediately  interesting  to  many  good 
citizens  of  the  State,  and  in  whose  behalf,  in  my  charac- 

*  Latonr'g  Historical  Memoir,  p.  301 

(611) 


■  <  V' 


f .  ■ 


'I! 


t- 


y    ^  ■t\l'  Kit'  ■    ,1 

■■  ■■»«'••.■■    ■ 


'i- 


:■■■:.■  Qix^  m 


'     -      ..V       .    <■ 


'W'-' ' 


1^^ 


512 


JACKSON   DISPLEASED    WITH   CLAIBOllNE. 


[1816. 


^ 


'^[ 


mm'- 


:*■! 


ter  afl  civil  Governor,  I  would  wish  to  address  a  letter  to 
the  British  commander,  and  to  convey  it  by  three  dis- 
tinguished citizens,  if  you  should  not  already  have  effect- 
ed the  restoration  of  their  property."  This  seems  to  have 
been  looked  upon  by  General  Jackson  as  an  officious 
kind  of  intermeddling,  which  excited  his  displeasure. 
Was  his  zeal  doubted  on  the  subject  ?  If  not,  why  not 
leave  it  in  his  hands  altogether?  Could  the  remon- 
strances of  an  obscure  Governor  of  a  feeble  State  which 
had  just  sprung  into  existence,  have  more  influence  over 
the  British  authorities  than  thoge  of  a  victorious  General 
representing  the  United  States,  and  acting  on  their  be- 
half? General  Jackson  did  not  reply  himself,  but  his 
Adjutant-General  and  Aid,  R.  Butler,  writing  in  the 
name  of  the  General,  informed  Claiborne' in  a  few  stiflf 
\v  ords,  that  Captain  Henley  had  been  appointed  to  re- 
ceive the  slaves  who  might  be  delivered,  but  that  from 
information  obtained,  although  n^t  official, ''  it  appeared 
that  the  restoration  of  those  slaves  was  not  to  be  hoped 
for."  Claiborne  laid  this  correspondence  before  the 
Legislature  with  a  special  message,  and,  on  the  2d  of 
February,  that  body  adopted  "  Resolutions''  approving 
the  course  pursued  by  the  Governor,  and  requesting  him 
to  take  all  other  steps  '^  which,  in  his  wisdom,  might  be 
thought  expedient  to  attain  the  object  he  had  in  view." 
This  was  evidently  an  attempt  to  give  more  weight  to 
an  interference  which  was  already  deemed  exceptionable. 
It  certainly  had  no  tendency  to  remove  some  bad  feelings 
which,  for  some  time  past,  had  produced  a  coolness  be- 
tween Jackaon  and  Claiborne.  The  former  had  not 
been  remiss,  l^owever,  in  his  exertions  to  obtain  the  ab- 
ducted negroes,  but  they  had  been  without  success. 
General  Lambert  pretended  that  the  negroes  had  not 
been  taken  a/way ^  but  had  come  of  their  own  accord  to 
the  British  camp.    "  I  did  ^  I  could,"  he  said,  "  to  per- 


*'>. 


.  « 


uccess. 
ad  not 
Bord  to 
to  per- 


1815.] 


SURBENDER   OF    FORT    BOWYEB. 


^V,\ 


Hiiado  them  to  return  at  tlie  time,  but  not  one  was  will- 
ing, as  will  be  testified  by  Mr.  Celeatin,  a  proprietor 
whom  i  had  detained  until  the  BritiHh  forces  had  evacu- 
ated their  last  position.  This  gentleman  saw  the  slaven 
that  were  present,  and  did  all  he  could  to  urge  tbea  to 
go  back."  " 

On  the  12th  of  February,  Lieutenant-Colonel  Law- 
jeuce,  who  had  so  bravely  and  successfully  defended 
Fort  Bowyer,  at  Mobile  Point,  on  a  former  occasion,  in- 
formed General  Jackson  that  "  imperious  necessity"  had 
compelled  him  to  enter  into  ai'ticles  of  capitulation  with 
Major-General  Lambert,"  feeling  confident,  he  said, "  and 
it  being  the  unanimous  opinion  of  the  officers,  that  we 
could  not  retain  the  post,  and  that  the  lives  of  many 
valuable  officers  and  soldiers  would  have  been  uselessly 
sacrificed,  I  thought  it  most  desirable  to  adopt  this 
plan."  General  Jackson  felt  keenly  this  insignificant 
discomfiture ;  he  grudged  his  adversaries  this  small  suc- 
cess, and  he  thought  that  the  resistance  of  Lawrence  had 
not  been  sufficient.  His  mind  was  so  peculiarly  consti- 
tuted, that  it  never  permitted  him  to  entertain  the  idea 
of  defeat,  much  less  of  capitulation  and  surrender,  eiiiher 
in  his  military  or  political  career.  A  surrender  could  not 
but  strike  him  as  something  unnatural  and  monstrous. 
It  is  not,  therefore,  to  be  wondered  at  if  he  wrote  to 
the  Secretary  of  War :  "  This  is  an  event  which  I  little 
expected  to  happen  but  after  the  most  gallant  resist- 
ance. That  it  should  have  taken  place  without  even  a 
fire  from  the  enemy's  batteries  is  as  astonishing  as  it  is 
mortifying."  But  General  Jackson's  mortification  made 
him  unjust  on  this  occasion.  Fort  Bowyer  bad  been 
attacked  by  such  overwhelming  forces,  by  land  and 
water,  that  the  surrender  followed  of  course,  and  there 
was  in  it  nothing  **  unexpected,  astoni^ng,  or  mortify- 
ing."   According  to  General  Lambert's  opinion,  express- 

33 


/■■•■■      tr 

•  ■  4>  II 


••   • 


s     4 

•  I 
ii 

;     J 

■  I 

■y  '1 


*% 


.f-;. 


.i    ' 


,.r  ■' 


:-n 


.     .  I.  V      ■ 


.':.'':■!.(•: 


..:.v: 


1  'm 

K-- '  -M 

^^SS^v^     ' 

»*■  •■■■ 


M 


514 


SUEEEHDER   OF  PORT  BOWTEE. 


[1815. 


ed  to  Lord  Bathurst,  "the  fort  was  formidable  only 
against  an  assault,  and  batteries  being  once  established, 
it  was  bound  to  fell  speedily,"  which  event  took  place 
as  soon  as  the  enemy  had*  succeeded  in  erecting  powerful 
batteries,  on  which  were  mounted  sixteen  guns,  within 
one  hundi'ed  yards  of  our  parapets.  Major  Latour  re- 
lates with  professional  minuteness  all  the  details  of  this 
siege,  and  concludes  with  these  observations : 

"  From  this  circumstantial  account  of  the  taking  of  Fort  Bowyer, 
the  impartial  reader  will  see  that  the  brave  garrison  who  defended 
it,  being  left  to  their  own  resources,  deprived  of  all  communica- 
tion, and  cut  off  from  all  hope  of  receiving  relief,  exerted  all  the 
means  in  their  power  to  defend  the  fort  intrusted  to  them ;  never 
failing  ta  annoy  the  enemy,  when  he  came  within  the  range  of  their 
guns.  What  could  they  do  more  ?  What  useful  purpose  could  it 
have  answered  to  expose  themselves  to  a  bombardment  in  a  fort 
entirdly  constructed  of  timber,  so  combustible  that  a  single  shell 
falling  within  the  parapet  would  have  sufficed  to  set  the  whole 
fort  on  fire  ?  Attacked  on  the  land  itfde,  what  defence  could  they 
make  against  sixteen  pieces  of  artillery,  within  so  short  a  distance 
and  behind  strong  intrenchments  ?  Those  pieces  in  less  than  half 
an  hour  would  have  battered  down  the  parapet  of  the  fort,  which, 
on  that  side,  was  not  more  than  three  feet  thick  above  the  plat* 
forms."  .   L. 


A  court  of  inquiry  held  at  the  request  of  Lieutenant- 
Colonel  Lawrence,  and  assembled  at  New  Orleans,  ac- 
quitted him  of  all  blame  for  the  surrender  of  l^ort  Bow- 
yer. The  conduct  of  Major  Overton  and  his  men  in  Fort 
St.  Philip,  when  attacked  as  we  have  before  related,  was 
more  in  accordance  with  General  Jackson's  own  temper, 
and  therefore  more  gra^nng  to  him.  "  They  nuled 
their  own  colors.to  tha  standard,"  h^  wrote  to  the  Secr.> 
tary  of  War,  "andplac^ddthoseof  the  enemy  underneath 
them,  determined  never  to  surrender  the  post." 

The  coirespondeoce  between  General  Jackson  and 
General  Lambert  was  conducted  with  the  most  high-bred 


«£> 


^^- 


em;  never 


1815.] 


ADMEftAi?  c6oH^AirE*s  co^t^Aiirr. 


615 


courtesy,  and  witli  feelings  which  do  honor  to  both ;  but 
the  one  which  took  place  between  06inmodo*re  Patterson 
and  Admiral  Cochrane  seems  to  have  been  rather  of  a 
rugged  nature.  On  the  12th  6f  February,  Admiral 
Cochrane  complained  to  General  Jackson  of  the  style 
adopted  by  Commodore  Patterson,  and  said  that  he 
would  hold  no  further  correspondence  with  that  officer 
in  relation  to  the  exchange  of  prisoners.  General  Jack- 
son replied :  "  The  Naval  and  Military  Departments  in 
our  service  being  totally  independent,  I  am  not  permit- 
ted to  defend,  still  less  to  censure,  the  conduct  or  corre- 
spondence of  the  offlder  at  the  head  of  the  former.  His 
distinguished  merit  and  general  correctness  of  conduct 
make  it  presumable  that  he  will  be  able  to  justify  his 
proceedings  to  the  Government,  to  whom  alone  he  is  ac- 
countable.'' On  the  13th,  Admiral  Cochrane  wrote  to 
General  Jackson :  "  I  have  exceeding  satisfaction  in  send- 
ing to  you  a  copy  of  a  bulletin  that  I  have  this  moment 
received  from  Jiunaica,  proclaiming  that  a  treaty  of  peace 
was  signed  between  our  respective  Plenipotentiaries  at 
Ghent,  on  the  24th  of  December,  1814,  upon  which  I 
beg  leave  to  offer  you  my  sincere  congratulations."  On 
^<e  19th,  G^neiral  Jackson  was  also  congratulated  on  the 
prospect  of  peiace  by  General  Lambert,  who  said:  "I 
hope  I  shall  «bon  have  to  communicate  to  you  the  notice 
of  the  ratification  being  exchanged."  On  th6  2()th,  Gen- 
eral Jackson  addressed,  as  follows.  Admiral  Cochrane,  in 
relation  to  the  slaves  bel6n^ng  to  several  inhabitants  6f 
Louisiana,  and  now  on  board  the  British  fleet:  "I  had 
written  to  General  Lambert  on  this  head  two  nccessive 
letters,  in  consequence  of  his  informing  me  tmit  these 
persons  wotdd  be  delivered  to  their  masters  on  thek-  ap- 
plication. To  the  first  I  received  no  answ^;  to  the 
last,  I  im  informed  that  GiBUeral  Lambert  he^  no^dfig  to 
do  with  U.    Mr.  White,  to  whom  an  order  was  given  to 


7m, 


.".■■'■;  i*X'-.'-  'I 


•■•viit'H'*'  i'f'y 

-  ■  *-•  •  JffK  ir 

II  ■  ■;■.<•-,, >i,: 

:     '■%.'*■  .  ■'-•*   >. 
A'   k''  •■  ..-It,      • 


'^' 


■•',ir; 


516 


GENERAL   KEANE'S   8W0ED. 


[1816. 


m. 


receive  such  as  were  willing  to  return  to  their  masters, 
having  reported  to  me  that  he  fouT)*!  several  who  were 
ready  to  accompany  him,  but  that  Le  was  not  permitted 
to  take  them,  I  am  now  obliged,  Sir,  explicitly  to  ask 
whether  the  property  thus  taken  is  intended  to  be  restor- 
ed, and  if  it  be,  that  a  time  and  place  may  be  appointed 
for  its  delivery."  He  farther  inquired  of  Admiral  Coch- 
rane how  far  he  considered  the  news  of  peace,  communi- 
cated by  him^  authorized  and  required  a  cessation  of  hos- 
tilities between  the  military  and  naval  forces  of  Great 
Britain  and  those  of  the  United  States  in  the  district  in 
which  they  had  been  lately  carried  on  with  such  activity. 
Whilst  the  hopes  of  peace  were  thus  entertained  by 
both  parties,  a  chivalrous  incident  took  place,  which  is 
not  unworthy  of  being  recorded.  Majc  'General  Keane, 
who  had  been  severely  wounded  on  t^  t  of  January, 
had  lost  his  sword  on  the  battle-fielu.  It  was  in  the 
possession  of  General  Jackson,  who,  on  such  a  desire  be- 
ing expressed  by  General  Keane,  sent  it  back  through 
his  Aid,  Colonel  Livingston,  with  courteous  inquiries  after 
the  health  of  his  defeated  enemy.  The  British  General 
acknowledged  the  compliment  in  these  words :  "  Major- 
General  Keane  presents  his  best  respects  to  General 
Jackson,  and  feels  particularly  thankfid  for  the  kindness 
he  has  experienced  from  him  through  the  medium  of  Colo- 
nel Livingston.  He  is  still  iurther  obliged  for  General 
Jackson's  kind  wishes  for  his  recovery.''  Jackson  ren- 
dered an  account  of  this  incident  to  the  Secretary  of  Wai* 
in  these  simple  and  noble  words : "  M^or-General  Keane 
having  lost  his  sword  in  the  action  of  the  8th  of  Janu- 
ary, andTiaving  expressed  a  great  desire  to  regain  it, 
vsduing  it  as  the  present  of  an  esteemed  friend,  I  thought 
proper  to  l^ve  it  restored  to  him ;  thinking  it  more  hon- 
orable to  the  American  character  to  return  it,  after  the 
expression  of  those  wishes,  than  to  retain  it  as  a  trophy 


1815.] 


ABDUCTED   TTEGBOES    CLAIMED* 


517 


of  victory.  I  believe,  however,  it  is  a  singular  instance 
of  a  British  General  soliciting  the  restoration  of  his 
sword  fairly  lost  in  battle." 

He  further  stated  that  some  entire  Congreve  rockets 
had  been  found,  which,  with  a  rest  from  which  they  are 
fired,  would  be  sent  to  the  seat  of  Government,  together 
with  the  instruments  of  the  British  band  of  music  and 
their  quarter-flag.  "General  Keane's  trumpet,"  he 
wrote,  "as  well  as  that  which  was  used  on  the  right 
column  of  the  enemy,  were  taken  in  the  action  of  the 
8th  January.  These  instruments  are  in  the  possession 
of  General  Coffee's  Brigade,  where  I  hope  they  will  be 
permitted  to  remain." 

General  Jackson  continued  to  press  upon  General 
Lambert  the  question  of  the  restoration  of  the  negroes 
to  their  masters ;  and  the  magnanimous  courtesy  which 
he  had  lately  shown  to  Major-General  Keane  ought  to 
have  disposed  the  British  authorities  to  be  accommodat- 
ing at  least  in  thfeir  transactions  with  him.  To  these 
continued  solicitations  General  Lambert  replied  on  the 
27th  of  February,  from  Dauphine  Island  : "  With  regard 
to  the  negroes  that  have  left  their  masters  and  are  with 
this  force,  any  proprietor,  or  person  deputed,  that  chooses 
to  present  himself  to  ine  will  b§  received,  and  every 
facility  afforded  him  to  communicate  with  those  people, 
and  I  shall  be  very  happy  if  they  can  be  persuaded  all 
to  return,  but  to  compel  them  is  what  I  cannot  do."  It 
is  worthy  of  remark  that,  in  1815,  the  Commander-in- 
Chief  of  a  British  army  was  not  afraid  to  say  in  an 
official  document,  that  he  w<yM  he  happy  if  slaves  covld 
he  persuaded  to  retwm  to  their  masters.  In  ]tf64,  the 
year  in  which  we  record  this  fact,  any  Englishman, 
placed  in  the  same  positioii  with  General  Lambert, 
would  probably  utter  some  popular  sentimental  cant 


-  :  -    i*>Stt»[.  (I 


•>5. 


.  »  -r-X'/'Vi.-. 


F. 


,-.'  fr.-. 
'1 '  ■* 


■:\t^^. 


■-■"::v-'y^;^. 


■If.;; 


» 


iM 


Eli'  ■  ■ 


518 


BRITIBH   INFATUATION. 


f 


'f.:^ 


¥:. 


[1815. 


about  the  blessings  of  liberty  for  the  poor  ii^ured  sons 
of  Africa. 

In  the  same  communication  General  Lambert  gives 
a  singular  proof  of  the  infatuation  which  had  possessed 
the  minds  of  the  invaders  as  to  the  disposition  of  the 
Creoles  toward  them.  .  With  bull-dog  t'^nacity  they  seem 
to  have  clung  to  the  last  to  the  idea,  that  what  they 
considered  as  the  French  element  of  the  population  of 
Louisiana  was  still  inclined  to  hail  theim  as  friends,  rot- 
withstanding  the  manifest  demonstration  to  tha  contrary 
given  on  the  battle-field  and  in  every  other  possible  way. 
It  appears  that  Major-Generai  Yiller6  had  written  to 
General  Lambert,  after  the  retreat  of  the  British  army, 
to  claim  payment  for  a  considerable  number  of  cattle 
which  had  been  swept  from  his  plantation.     General 
Lambert  appears  to  have  been  astonished  at  this  call  for 
fall  indemnity,  and  at  what  he  considered  the  unfriendly 
tone  of  the  communication,  as  if ^he  could  have  expected 
anything   else.    He  forwarded  it  to  General  Jackson 
with  these  remarks :  "  I  should  have  been  glad  to  have 
known  the  Major-G  Mineral's  sentiments  previous,  as  T  cer- 
tainly should  not  have  troubled  my.:jlf  about  his  con- 
cerns, or  endeavorod  to  render  as  little  painftd  as  I  was 
able,  not  living  in  hjs  house,  the  unavoidable  circum- 
stances attending  the  immediate  theatre  of  war  toward 
his  son,  whom  he  had  left  unprotected.  * 

On  the  6th  of  March,  General  Jackson  informed  Gen- 
eral Lambert  of  his  having  just  received  intelligence 
from  Washington,  which  left  little  doubt  in  his  mind 
that  the  treaty  signed  at  Ghent  between  the  United 
States  aid  Great  Britain  had  been  ratified  by  the  Presi- 

t  In  that  passage  General  Lambert  allades  to  General  VUlerfi's  youngest  son 
who  had  remained  in  the  hands  of  the  British,  when  his  brother,  Migor  Viller<J, 
made  his  esoa^  on  the  98d  of  December,  1814. 


1816.] 


ABDUCTED   SLAVES   CLAIMED. 


519 


dent  and  Senate  of  the  United  States,  but  that,  by  some 
unaccountable  accident,  a  dispatch  on. another  subject 
had  been  substituted  for  the  one  intended  to  give  him 
official  information  of  that  event : 

"  The  one  I  have  received,  however,"  he  continued,  "is  accompa- 
nied by  an  order  from  the  Postmaster-General  directing  his  depu- 
ties to  forward  the  express  carrying  intelligence  of  the  recent 
peace.  Of  this  order  I  inclose  a  copy,  and  from  other  sources  to 
which  I  give  credit,  I  learn  that  the  same  express  brought  official 
notice  of  the  treaty  to  the  Governor  of  Tennessee.  I  have  deemed 
it  a  duty,  without  loss  of  time,  to  communicate  the  exact  state  of 
those  circumstances,  that  you  might  determine  whether  they  w  ould 
not  justify  you  in  agreeing,  by  a  cessation  of  hostilities,  to  antici- 
pate the  happy  return  of  peace  between  oar  two  nations,  which 
the  first  direct  intelligence  must  bring  to  us  in  an  official  form.  *  * 
I  pray  you,  with  the  assurance  of  high  respect,  to  receive  that  of 
the  satisfaction  I  feel  in  reflecting  that  our  correspondence,  begun 
as  commanders  of  hostile  armies,  should  terminate  as  officers  of 
nations  in  amity." 

On  the  next  day,  the  7th  of  March,  he  informed  Gen- 
eral Lambert  that,  in  consequence  of  the  intimation  con- 
tained in  his  former  letters  that  every  facility  would  be 
given  to  the  proprietors  of  slavos  now  with  the  British 
forces  to  induce  them  to  return,  he  had  given  permission 
to  certain  individuals  to  pass  under  a  flag  of  truce  to  the 
fleet  for  the  purpose  of  seeing  and  reclaiming  their 
slaves,  and  "  he  prayed  that  those  slaves  might  be  return- 
ed to  them." 

On  the  17th,  General  Jackson  communicated  to  Gen- 
eral I^ambert  that  official  information  had  reached  him 
of  the  ratification  of  the  treaty  of  peace,  whereupon  he 
proposed  to  make  such  arrangements  as  might  be  necessary 
to  receive  such  forts,  garrisons,  artillery,  munitions,  or 
other  property  as  might  be  embraced  in  the  first  article 
of  that  treaty.  General  Jackson  further  claimed  under 
the  treaty  such  slaves  as  might  be  within  the  control  of 


■"■■"'•■>* "^Tl    ♦I 

-     >-.  \-p.-    :*.■:.:■;■ 
'..•.*."/••*     ■■»■*' 


*>  . 


.\«' 


>r:>^:  ■■■■;{<;  • 


'!■;.   •■ .' 


520 


ABDUCTED   SLAVES   CLAIMED. 


[1815. 


p.-  ^  t 


^ 


'■«■".■ 


M 


»■■••" 


ityH' 


....       ,■:  fi*j  t 


^MHi^-' 


the  British  commander,  belonging  to  any  inhabitant  or 
citizen  of  the  United  States,  to  the  end  "that  their 
owners  might  again  obtain  possession  of  them."  On 
the  18th,  General  Lambert  informed  General  Jackson 
that  he  and  Admiral  Malcolm  had  issued  orders  for  the 
cessation  of  hostilities,  and  for  all  detached  posts  and 
shipfe  to  be  withdrawn  in  their  respective  command-. 
He  added  that  Fort  Bowyer  would  be  restored  in  every 
respect  as  when  it  fell  into  his  hands,  with  the  exception 
only  of  a  brass  mortar,  cast  in  George  the  Second's  reign, 
which  had  been  sent  away  the  day  after  the  surrerdei*. 
With  regard  to  his  construction  of  the  treaty  in  relation 
to  the  restoration  of  property,  he  said,  with  bad  logic  and 
equally  bad  phraseology : 

"  In  the  fulfilling  the  first  article  of  the  treaty,  I  cannot  consider  the 
meaning  of '  not  causing  any  destruction,  or  carrying  away  ai.^  0.1  cll 
lery,  or  other  public  property,  originally  captured  in  the  said  forts  or 
places,  and  tchich  shall  remain  therein  upon  the  exchange  of  the  ratifi- 
cation of  this  treaty,  or  any  slave,  or  otEer  property,'  as  having  refer- 
ence to  any  antecedent  period  to  the  ISth  of  February,  the  day  of 
the  exchange  of  ratifications ;  because  it  is  only  from  that  time  that 
the  article  could  be  fulfilled  in  a  long  war.  If  those  negroes  (the  mat- 
ter now  in  question)  belonged  to  the  territory ^  or  city,  we  were  ac- 
tually in  occupation  of^  I  should  conceive  we  had  no  right  to  take 
them  away ;  but  by  their  coming  away,  they  are  virtually  the  same 
as  deserters,  or  property  taken  away  at  any  time  of  the  war.  I 
am  obliged  to  say  so  much  in  justification  of  the  right ;  but  I  have 
from  the  first  done  all  I  could  to  prevent,  and  subsequently,  togeth- 
er with  Admir.al  Malcolm,  have  given  every  facility,  and  used  every 
persuasion  that  they  should  return  to  their  masters,  and  many  have 
done  so ;  but  I  could  not  reconcile  it  to  myself  to  abandon  any, 
who,  from  false  reasoning  perhaps,  joined  us  during  the  period  of 
hostilities,  and  have  thus  acted  in  violation  of  the  laws  of  their 
country,  and,  besides,  become  obnoxious  to  their  masters.  Had  it 
been  an  object  to  take  the  negroes  away,  they  couFd  have  been  em- 
barked in  the  first  instance ;  but  they  have  been  permitted  to  remain 
in  the  hope  that  they  might  return." 

On  the  next  day,  the  19th  of  March,  General  Lambert, 


'^^ 


1816.] 


ABDUCTED   SLAVES   CLAIMED. 


521 


in  another  communication  written  from  Dauphine  Island, 
said  to  General  Jackson :  "  The  preparations  for  a  long 
voyage  may  detain  the  troops  here  a  few  days  longer, 
but  no  exertion  will  be  wanting  to  embark  the  whole  as 
soon  as  possible."  He  concluded  his  letter  with  such 
expressions  of  high-toned  courtesy  as  it  is  pleasant  to 
see  exchanged  between  men  who  had  lately  met  as  foes 
on  the  battle-field.  "  As  I  mi>y  not  have  another  oppor- 
tunity of  addressing  you,"  said  Lambert  to  Jackson, 
"  permit  me  to  avail  myself  of  fchu  present  to  wish  you 
health  and  happiness,  and  to  express  my  regret  that  cir- 
cumstances will  not  allow  me  to  ask^re  you  personally 
of  the  same." 

Major  Woodruff  had  been  appointed  by  General  Jack- 
son  to  receive  the  negroes  to  be  delivered  by  the  British 
under  the  treaty  of  peace.  But,  on  the  20th,  all  hope 
that  the  treaty  would  be  executed  on  that  point  was  put 
at  an  end  by  the  following  note  addressed  by  General 
Lambert  to  that  gentleman :  "  I  answer  to  that  part  of 
your  letter  which  touches  r-pon  the  negroes  who  have 
come  into  the  British  force  previous  to  the  ratification  of 
the  peace,  that  is,  on  the  18th  of  February  last,  that  I  do 
not  feel  myself  authorized  to  deliver  them  up  under  the 
treaty,  without  their  consent."  On  the  23d,  Major  Wood- 
raff  communicated  to  General  Jackson  the  strange  inter- 
pretation put  on  the  treaty  by  General  Lambert :  "  He 
informed  me,"  said  Woodruff, "  that  he  would  be  prepared 
^0  execute,  on  the  part  of  his  Government,  every  article  of 
said  treaty,  except  that  part  relating  to  slaves,  as  it  was 
totally  incompatible  with  the  spirit  and  constitution  of 
his  Governmen,t  to  recognize  sla/very  at  all;  that  he  would 
use  his  influence  in  persuading  them  to  return  to  their 
masters,  by  every  argument  in  his  power ;  but  that  he 
would  not  use  force  in  compelling  their  obedience,  or 
permit  it  to  be  used  within  the  British  lines." 


ar?-".'fj 


'  ■:>^:^r^v.:i^^\ 


':■■*■    ■''■"■'. 


•  ■■■.  n 


:*._., 


^^'' 


522 


ABDUCTED   SLAVES   CLAIMED. 


[1816. 


Governor  Claiborne,  who,  thus  far,  had  delayed  acting 
in  conformity  with  the  "Resolutions"  passed  by  the 
Legislature  on  the  2d  of  February,  approving  his  inten- 
tion to  intervene  in  the  negotiation  carried  on  in  relation 
to  the  slaves  between  Jackson  and  Lambert,  and  who, 
on  reflection,  had  probably  seen  the  propriety  of  waiting 
until  it  was  concluded,  now  determined,  on  the  25th  of 
March,  apparently  with  a  sort  of  ingenuous  belief  in  his 
own  importance  or  that  of  the  Legislature,  to  send  Com- 
missioners to  General  Lambert,  in  order  to  obtain  that 
in  which  General  Jackson,  acting  in  the  name  of  the 
United  States,  had  failed  to  succeed.  "These  gentle- 
men," he  said  to  Lambert,  "  at  the  solicitation  and  in 
behalf  of  the  owners  of  the  negro  slaves  who  are  under- 
stood to  have  followed  the  English  army  to  Dauphine 
Island,  have  repaired  to  your  headquarters  for  the  pur- 
pose of  receiving,  and  providing  the  means  of  sending 
back  to  their  masters,  such  of  the  negro  slaves  aforesaid 
as,  in  conformity  to  the  first  article  of  the  treaty  of  peace, 
your  Excellency  shall  deem  proper  to  decline  carryirig 
a/wmf."  Major-General  Power,  who  had  been  left  in 
command  during  the  absence  of  General  Lambert,  re- 
plied: 

"  I  should  feel  happy  in  rendering  any  assistance  to  those  gentle- 
men, to  enable  them  to  execute  the  object  of  their  mission,  but 
agreeably  to  the  determination  of  Major-General  Lambert  before 
•  he  went  away,  all  those  slaves  who  were  not  willing,  and  who  ob- 
jected to  return  to  their  former  masters,  have  been  embarked  for 
the  Island  of  Bermuda,  to  be  sent  from  there  to  Trinidad«  The 
Major-General  did  everything  in  his  power  to  induce  the  whole  of 
the  slaves  who  deserted  from  iNew  Orleans  to  return ;  but  he  did 
not  feel  himself  authorized  to  resort  to  force  to  oVtige  them  to  do 
so,  as  they  threw  themselves  on  his  protection,  which  they  were 
entitled  to,  having  served  with  the  British  army,  and  which  they 
did  voluntarily  and  without  compulsion." 

That  part  of  the  first  articla  of  the  treaty  which  is 


Mir-'  * 


1816.] 


ABDUOTED   SLAVES   CLAIMED. 


528 


referred  to  in  this  correspondence  as  embracing  the  ques- 
tion of  the  restoration  of  slaves  to  their  masters  ran  as 
follows : 

"  All  territories,  places  and  possessions  whatsoever,  taken  from 
either  party  by  the  other  daring  the  war,  or  which  may  be  taken 
after  the  sij^ning  of  this  treaty,  excepting  only  the  islands  herein- 
after mentioued,  shall  be  restored  without  delay,  and  without  caus- 
ing any  destruction,  or  carrying  away  any  of  the  artillery  or  other 
public  property,  originally  captured  in  the  said  forts  or  places,  and 
which  shall  remain  therein,  upon  the  exchange  of  the  ratification 
of  this  treaty,  or  any  slaves  or  other  private  property." 

It  seems  to  ns  clear  that^  in  lihis  document^  the  Gov- 
ernment of  Great  Britain  acknowledges  slaves  as  prop- 
erty, and  yet,  in  the  face  of  it,  a  British  General  is  seen 
assuming  the  responsibility  of  declaiing  that  he  would 
not  execute  that  part  of  the  treaty  relating  to  slaves, 
because  ''  it  was  totally  incompatible  with  the  spirit  and 
Constitution  of  his  Government  to  recognize  slavery  at 
all."  To  elude  what  to  him  is  an  obnoxious  stipulation, 
he  further  resorts  gravely  to  a  rvserable  quibble,  un- 
worthy even  of  a  pettifogger.  He  alleges  that  the  slaves 
ivere  not  carried  wwa^,  according  to  the  expressions  used 
in  the  treaty,  but  that  they  ccurried  themsehea  cmay^  and 
were  therefore  to  be  looked  upon  in  the  light  of  deserters, 
forgetting  that  they  could  not  be  deserters^  and  treated 
as  sucl^if  they  were  property,  as  expressly  acknowledged 
in  the  treaty,  the  words  being  ^'  sUvea  or  other  property." 
He  further  takes  the  extraordinary  ground  that  he  is 
only  bound  to  restore  what  property  belonged  to  the 
cii/y  or  ter^-itory  the  British  were  octutMy  mpoaaession  of 
on  the  \%th  of  ^ehruary,  the  day  of  the  exchange  of  ^ati- 
ficu.tionfy  so  that  the  treaty  l:@ing  dgned  on  the  24th  of 
December,  and  the  British  oncers  having  had  ample 
time  to  know  its  contents  before  it  was  rati^ed  and  the 
ratifications  exchanged,  had  only  to  remove  beyond  their 


.    .'  .'i;,.f><5r'     'I 

■  -  5'"iy'"  ■•  'i 

-  .  r»«</   ■••'.•     ' 


■  J» 


■■■ri' 


■ .  i ' 


'f  ■■::'■■ 


524 


ABDUCTED   SLAVES   CLAIMED. 


[1815. 


u 


h:^ 


actual  lines  every  sort  of  private  property  tliey  had  taken 
in  order  to  escape  the  obligation  of  r<>storing  it,  on  the 
exchange  of  the  ratifications.  Thus  General  Lambert, 
according  to  his  interpretation,  was  not  bound  to  restore 
any  private  property  which  he  might  have  carried  away 
from  the  Parishes  of  St.  Bernard  and  Plaquemine,  ante- 
cedent to  the  18th  February,  but  only  such  as  he  might 
have  taken  on  Dauphine  Island,  of  which  he  was  still  in 
possession  at  that  time.  This  concession,  however,  re- 
stricted as  it  was,  he  refused  to  apply  to  slaves,  because 
they  could  not,  as  he  maintained,  be  property  according 
to  the  Constitution  of  England.  For  instance,  on  or  after 
the  18th  of  February,  he  would  have  considered  himself 
bound  not  to  carry  cuwouy  any  slaves  hehnging  to  Dau- 
phine Island,  which  was  still  in  British  hands,  but  had 
a  slave  and  a  cow  come  to  his  camp  pitched  on  that 
island,  he  would  have  restored  the  cow  and  not  the  slave, 
although  in  the  text  of  the  treaty  a  cow  and  a  slave  were 
placed  on  the  same  footing  as  property.  As  this  same 
forced  construction  was  put  on  the  treaty  by  all  British 
officers,  from  the  shores  of  Maryland  to  those  of  Louisiana, 
without  the  possibility  of  previous  consultation  and 
agreement,  it  is  fair  to  suppose  that  during  the  time 
which  elapsed  between  the  24th  of  December  and  the 
18th  of  February,  the  British  Government,  alamied  at 
the  consequences  of  the  concession  which  it  had  made  in 
the  treaty,  and  which  probably  threatened  to  provoke 
the  resentment  of  Exeter  Hall  and  other  congregations 
of  negro  worshipers,  had  sent  secret  instructions  for  the 
non-execution  of  that  part  of  the  treaty.  The  Govern- 
ment of  the  United  States  remonstrated  with  uncompro- 
mibi'.g  fiimness  and  unanswerable  logic,  but  the  British 
Government  adopted,  if  it  had  not  dictated,  the  construc- 
tion put  Upon  the  treaty  by  its  agents.  John  Quincy 
Adams,  then  the  Minister  Plenipotentiary  of  the  United 


1816.] 


ABDUCTED   SLAVES   CLAIMED. 


0)ii) 


States  at  the  Court  of  St.  James,  although  himself  un 
abolitionist  of  the  deepest  dye,  and  supposed  to  bo 
hostile  to  the  South,  demonstrated  victoriously,  in  his 
correspondence  with  Lords  Bathurst  and  Gastlereagh, 
how  erroneous  were  the  views  of  the  British  Government 
on  the  subject. 

According  to  grammar  and  to  the  common  understand- 
ing of  language,  it  would  seem  that  there  could  be  no 
doubt  but  that  the  terms  of  the  "  First  Article"  had 
established  in  a  most  guarded  manner  a  distinction  be- 
tween public  and  private  property.  All  territories,  places 
and  possessions  (with  a  particular  exception)  were  to  be 
restored,  without  destroying  or  carrying  away  any  of  the 
artillery,  or  other  public  property,  originally  captured  in 
the  said  forts  or  places,  and  which  remained  there  upon 
the  exchange  of  ratifications.  Had  it  been  intended  to 
put  slaves  and  other  private  property  on  the  same  ground 
with  artillery  and  other  public  property,  the  terms 
originally  captured  m  the  said  forts  and  places,  ami  which 
shall  remain  therein  on  the  exchange  of  the  ratificatums 
of  this  treaty,  instead  of  being  inserted  after  "  artillery 
and  othor  public  property,"  would  have  been  put  at  the 
end  of  the  sentence  after  ^  slaves  and  other  private  prop- 
erty." Ill  that  ctfHe  both  interests,  the  public  and  the 
private^  would  have  been  subject  to  the  same  restraint. 
But,  by  separating  them  from  each  other,  and  putting 
the  restrictive  words  immediately  after  ^*  artillery  and 
other  public  property,"  it  showed  that  it  was  intended 
to  confine  their  operation  to  these  subjects  only,  exclud- 
ing from  it  "  slaves  and  other  private  property." 
^  This  IB  amply  demonstrated  by  a  r^erenoe  to  the  pro- 
ebs  verbal  of  the  oonfwsnces  between  the  British  and 
American  Plenipotenti^es.  The  first  project  of  the 
Treaty  of  Ghent  wa«  offered  by  the  American  Plenipo- 
tentiaries, and  that  part  of  the  first  article  relating  to 


■  /  ■. '   »l 

•       r..  is,  *  ■ 


'^ -^\\' t.f.  A*  'i\ 


".  :--':'Z-:\-' 


'4'^vw 


K 


vv/'*^' 


r)26 


ABDUCTED   87.AVE8   CLAIMED. 


[Ibis. 


Nlaves  was  therein  expreiMed  in  the  following  man- 
ner : 

"  All  territories,  places  and  posiessibni,  without  exception,  taken 
by  either  party  flrom  the  (Hher  duri  «g  the  war,  or  which  may  bo 
taken  after  the  signing  of  the  treaty,  shall  be  restored  without  de- 
lay, and  w^bhont  causing  any  destruction,  or  carrying  away  any 
other  public  property,  or  any  slaves  or  other  private  property." 

The  British  Plenipotentiaries  proposed  the  following 
alterations : 

"  All  territory,  places  and  possessions,  without  exception,  belong- 
ing to  either  party,  and  taken  by  the  other  during  the  war,  or 
which  may  be  taken  after  the  signing  of  this  treaty,  shall  be  re- 
Htorcd  without  delay,  and  without  causing  any  destruction,  or  car- 
rying away  any  of  the  artillery  or  other  public  property,  or  any 
slaves  or  other  private  property,  originally  captured  in  the  said 
forts  or  places,  and  which  shall  remain  therein  upon  the  exchange 
of  the  ratifications  of  this  treaty." 

t 

It  will  be  observed  that,  in  this  proposal,*  the  words, 
"originally  captured  in  the  said  forts  or  places,  and 
which  shall  remain  therein  upon  the  ratifications  of  this 
treaty,"  operated  as  a  modification  of  the  article  as  orig- 
inally proposed  in  the  American  project.  Instead  of 
stipulating  that  no  property,  public  or  private,  artillery 
or  slaves,  should  be  carried  away,  they  limited  the  pro- 
hibition of  removal  to  all  such  pr(^>6rty  as  had  been 
originally  captured  in  the  forts  and  places,  and  re- 
mained there  at  the  exchange  of  the  ratifi(»tion&  They 
included  within  the  limitation  private  as  well  as  public 
property  ;  and  had  the  article  been  assented  to  in  this 
form  by  the  American  Plenipotentiaries  and  ratified  by 
their  Govcram^oft,  it  would  have  warranted  the  con- 
struction which  the  British  CommanderB  gave  to  the  ar- 
ticle as  it  was  ultimately  agreed  to^  and  which  it  cannot 
admit.-    But  the  American  Plenipotentiaries  proposed  to 

'  "^        •  John  Qtihiey  Adams  to  Lotd  OutlerMgb,  August  Mta,  1819.  ~^ 


1815.] 


ABDLCTED  SLAVES   OLAIM£D. 


b'27 


traoBpose  the  \ford8,  *'  originally  captured  in  the  said 
forts  or  places,  and  which  shall  remain  therein  upon  the 
exchange  of  the  ratifications  of  this  treaty/'  and  to  insert 
them  before  the*  words  "  slaves  or  other  property,"  in- 
stead of  after,  as  they  stood.  This  was  agreed  to  by  tho 
British  Plenipotentiaries.  It  is  as  evident  as  anythin^]^ 
can  be,  that  it  was  intended  by  this  transposition  of 
words  to  admit,  with  regard  to  artillery  and  public  prop- 
erty, the  limitation  proposed  by  the  British  project, 
but  not  to  assent  to  it  with  nigard  to  slaves  and  private 
property.  On  the  contrary,  we  asked  such  a  transposition 
of  the  words  c^  limitation  as  would  leave  them  applicable 
only  iO  artil' )ry  anC  pubiic  property,  and  would  except 
slaves  and  private  i,  roperty  from  their  operation  alto- 
gether. The  British  Plenipotentiaries  could  not  but 
understand  t'.; )  meaning  oi  this  transposition,  and  could 
not  plead  ignorance  of  the  views  of  the  other  party  in 
persisting  in  the  general  prohibition  to  tcjrry  away  slaves 
and  private  property,  while  acquiescing  in  the  limitation 
with  respect  to  artiller}'  and  pubiiC  property.  With 
this  implied,  if  not  expressed,  understanding,  the  British 
Government  agreed  to  the  transposition  of  the  words ; 
and,  accordingly,  that  part  of  ^e  '*  First  Article"  of  the 
treaty  stood  and  was  ratified  as  it  reftds  now.  Had  its 
fyr&mmatical  oongtruoiion  been  in  any  degree  equivocal, 
t'ri'  statement  of  the  manner  in  which  it  was  drawn  up 
would  have  sufficed  to  solve  every  doubt  of  its  meaning. 
Therefore,  John  Quincy  Adams  contended  with  great 
force  that  the  article,  as  curiginally  drawn  by  the 
Ammoan  Plenipotentiaries,  was  plain  nnd  elear;  that  it 
admitted  of  no  other  «onstruotion  than  that  for  which 
the  American  Government  How  contended ;  that  it 
avowedly  and  openly  contained  a  stipulation  that)  in  the 
evacuatiaa  of  idl  the  territories^  j^aees  and  possessions 
to  be  restored,  no.  slave  should  be  carried  away ;  that 


-  ■  '■('  <■ 

»  ■.-, 

K 


■■'■».";'    -  ^ 
.ir,';T'.»     ;•  >\ 


•  ■■•-.•A. '4-  r 

. .■-'*^'  ;,'■■ 
•  •«-,'*■  ••(      , 

":(•,■•-&•■  ,'l 


:^iS^.:- 


.-^■■■.Jt' 


',  ^ 


';;>>:•..■' 


*.   ,' 


I -J  - 


528 


ABDUCTED    SLAVES    CLAIMED. 


IH^- 


Sit; 


[1815. 


an  alteration  was  proposed  by  the  Briti^  Plenipotentia- 
ries, which  was  accepted  only  in  part ;  that  in  this  par- 
tial acceptance  the  British  Government  acquifesced ;  that 
when  Great  Britain  proposed  an  altera^ti  to  the  Amer- 
ican project,  of  the  meaning  of  which  there  could  be  no 
doubt,  when  her  alteration  was  accepted  conditionally, 
and  under  a  modiflcatioti  to  Tf^ich  she  agreed,  she  was 
bound  to  perceive  that  the  modification  thus  insisted 
upon  by  the  other  party  was  not  a  mere  verbal  change 
in  the  phraseology  of  her#proposal,  but,  so  far  as  it  ex- 
tended, a  substantial  adh^ence  to  the  original  draught 
of  the  article. 

"  That  the  British  G<^emineiit  gave  it  then  another  construc- 
tion," added  Mr.  Adams,  "  was  not  only  never  commnnicated  to 
the  Government  of  the  Fnited  States,  but  was  impossible  to  be 
foreseen  by  them.  When  Great  Britain  had  solemnly  agreed, 
without  hinting  an  objection,  to  the  principle  of  restoring  captured 
slaves,  it  could  not  have  been  foreseen  i3m*<  the  engagement  could  be 
narrowed  down  to  nothing  by  the  strained  extension  of  a  condition, 
limited  by  the  words  of  the  treaty  to  another  species  of  property. 
It  was  impossible  to  anticipate  a  construction  of  an  important 
stipulation  which  should  annifaMato  its  operation^  It  was  impossi- 
ble to  anticipate  that  a  stipulation  not  to  carry  away  any  slaves 
would  by  the  British  G«v,ern||Le'vt  be  considered  as  faithfully  ex- 
ecuted by  British  officers  in  cai  ^  jig  away  all  the  slaves  in  their 
possession.  The  only  foundation  whieh  these  naval  commanders 
have  alleged  for  this  procedure  was  a  oonstmotion  of  the  para- 
graph coBtainiBg  tMs  stipidation  so  contrary  to  its  grammatical 
sense  and  obvipu  ^  purport,  that  the  undersigaecii  is  well  assured, 
if  the  saine  phrase  had  occurred  in  any  munidpal  contract  between 
individuals,  no  judicial  tribund  in  this  Kingiftbm  would  entertain 
for  a  moment  a  questidii.iipoii  tt*-«if  ifton«ti*uctl6n  liftider  which  the 
whole  operation  of  the  words  'slaves  or  othmrpriviW  |««perty' 
was  annihilated,  by  extending  to  thon^^Jihe  Iknitation  oonfined  by 
thf  %f}i'<iM  of  the  treaty  Ifo  ai^tjy|ler^  n^^ J^vatf^  property," 

Ifotwittstanding  theie  ttn?**»«^^iiible  aigittn«nts,  the 
British  Government  stiH  cont^iided  that  the  limitftttdh 
not  to  caary  away  slaves  applied  only  to  such  of  them  as 


1816.] 


ABDUCTED   SLAVES   CLAIMED. 


529 


Lad  been  originally  captured  in  certain  forts  or  places, 
and  still  remaining  tl^erein  upon  the  exchange  of  the  rat- 
ifications of  the  treaty,  well  knowing  that  there  was  not 
perhaps  one  sin^  slave  to  carry  away  in  all  those  which 
were  occupied  by  the  British  troops  when  the  treaty  was 
concluded.  In  his  desperate  attempts  to  escape  from 
Mr.  Adams'  inexorable  logic  in  relation  to  the  manner 
in  which  the  "  First  Article"  of  the  treaty  >Fas  drawn,  Lord 
Bathurst,  a  member  of  the  British  Ministry,  made  use 
of  this  extraordinary  language :  "  It  is  certainly  pos- 
sible that  one  party  may  propose  an  alteration,  vdth  a 
mental  reservation  of  some  construction  of  his  own,  and 
that  he  may  assent  to  it  on  the  firm  persuasion  that  the 
construction  continues  to  be  the  satne,  and  that,  there- 
fore, he  may  conciliate,  and  yet  concede  nothing  by  his 
assent."  Mr.  Adams  witheringly  observed,  in  relation 
to  this  passage,  that  "  he  trusted  that  some  error  of  a 
copyist  had  left  its  meaning  imperfectly  expressed." 

Considering  some  of  the  features  assumed  by  the  war 
carried  on  between  the  ConTederate  States  and  the  United 
States  of  America,  after  the  lapse  of  about  half  a  century 
since  that  correspondence,  it  is  curious  to  notice  several 
of  the  grounds  taken  by  John  Qtiincy  Adams  in  his  dis- 
cussion with  the  British  Ministry  in  relation  to  the  Treaty 
of  Ghent.  For  instance,  he  maintained  that,  according 
to  the  usages  of  war  among  civilized  nations,  no  private 
property,  including  slaves,  ought  to  be  taken ;  that  all 
private  property  on  shore  partook  of  that  sacred  charac- 
ter ;  that  it  was  entitled  by  the  laws  of  war  to  exemp- 
tion from  capture ;  that  "  slaves  were  private  property." 
Lord  Liverpool*  said  that  he  thought  they  could  not  be 
considered  precisely  under  the  general  denomination  of 
private  property ;  a  table  or  a  chair,  for  instance,  might 
be  taken  and  restored  without  changing  its  condition, 

*  John  Quincy  Adams  to  the  Secretary  of  State,  August  22d,  1815. 

34 


ii 


"V:  ■^|!  i 


%^ 


••.♦  ..:■.  ■•.  ■-    n 


■\4<  •»  . 


'  I     -v 


530 


AEBITEATION   OF   RUSSIA. 


[1816. 


but  a  living  and  human  being  was  entitled  to  other  con- 
siderations. 


*.  J 


'f:'^ 


"  I  replied,"  wrote  Mr.  Adams  to  the  Socreta|^  of  State  at;  Wash- 
ington, "that  the  treaty  had  marked  no  such  distinction:  the  words 
implicitly  recognized  slaves  as  private  property  in  the  articles  al- 
luded to :  '  slaves  or  other  private  property.'    Not  that  I  meant  to 
deny  the  principle  assumed  by  him :  most  certainly  a  living,  senti- 
ent being,  and  sti^  more  a  human  being,  was  to  be  regarded  in  a 
different  light  from  the  inanimate  matter  of  which  other  private 
property  might  consist.    And  if,  on  the  ground  of  that  difference, 
the  British  Plenipotentiaries  had  objected  to  restore  the  one  while 
consenting  to  restore  the  other,  we  should  readily  have  discussed 
the  subject ;  we  might  have  accepted  or  objected  to  the  proposal 
they  would  have  made.     But,  what  could  that  proposal  have  been  ? 
Upon  what  ground  collide  Great  Britain  have  refused  to  restore  them  ? 
Was  it  because  they  had  been  seduced  away  from  their  masters 
by  the  promises  of  "British  officers  ?    But  had  they  taken  New  Or- 
leans, or  any  other  Southern  city,  would .  not  all  the  slaves  in  it 
have  had  as  much  claim  to  the  betfefit  of  such  promises  as  the  fu- 
gitives from  their  masters  elsewhere  ?    How  then  could  the  place, 
if  it  had  been  taken,  have  been  evacttated  according  to  the  treaty, 
without  carrying  away  slaves,  if  thp  pledge  of  such  promises  was 
to  protect  them  from  being  restored  to  their  owners  ?    It  was  true, 
proclamations  inviting  slaves  to  desert  from  their  masters  had  been 
issued  by  British  officers.    We  considered  them  as  deviations  from 
the  usages  of  war.    We  belioved  that  the  British  Government  itself, 
when  the  hostile  passions  arising  from  the  state  of  war  should  sub- 
side, would  consider  them  in  the  same  light ;  that  Great  Britain 
would  then  be  willing  to  restore  the  property,  or  to  indemnify  the 
sufferers  by  its  loss.    If  she  felt  bound  to  make  good  the  promises 
of  her  officers  to  the  slaves,  she  might  still  be  willing  to  do  an  act 
of  justice  by  compensating  the  owners  of  the  slaves  for  the  proper- 
ty which  had  been  irregularly  taken  frorii  them.    Lord  Liverpool 
manifested  no  dissatisfaction  at  these  remarks,  nor  did  he  attempt 
to  justify  the  proclamation  to  which  I  particularly  alluded." 

The  British  Govfernment,  however,  would  not  recede 
from  the  position  it  had  taken,  and,  after  several  years 
of  negotiation,  the  decision  of  the  question  was  referred 
to  the  arbitration  of  Russia,  who  declared  in  favor  of 


m 


1815.] 


msTORio  coirrBASTs. 


531 


the  American  construction  of  the  treaty,  and  Great  Brit- 
ain finally  paid  a  certain  sum  of  money  for  the  slaves 
she  had  carried  away. 

Yerily  is  history  full  of  strange  contrasts.  "We  now 
see  the  United  States  denying  what  they  compelled 
Great  Britain  to  acknowledge,  by  the  treaty  of  Ghent : 
thut  Tiegroes  a/re  property.  We  see  them  asserting  at 
one  time,  through  Mi'.  John  Quincy  Adains,  their  Min- 
ister Plenipotentiary  in  London,  that  private  property 
on  shore,  according  to  the  usages  of  modei-n  warfare, 
cannot  be  captured  by  belligerents ;  that  proclamations 
to  induce  slaves  to  desert  from  their  masters  are  unjusti- 
fiable ;  and  that  such  practices  are  deviations  from  the 
usages  of  war.  We  see  them  now  informing  that  same 
Government  of  Great  Britain,  through  Mr.  Adams,  their 
Minister  Plenipotentiary,  and  a  son  of  the  former  minis- 
ter, that  it  is  right  for  them  to  capture  private  property 
on  land,  to  destroy  it  in  every  possible  way,  to  cut  down 
crops,  to  break  all  agricultural  implements,  to  produce 
a  general  famine  in  the  land  they  invade,  to  remove  even 
clothing,  food  and  medicine  from  the  desolated  homes 
of  the  widow  and  the  infant ;  we  hear  their  loud  procla- 
mation, reverberating  throughout  the  world,  that  not 
only  is  it  right  to  seduce  away  slaves  from  their  masters, 
but  that  it  is  in  conformity  with  the  usages  of  civilized 
war,  and  one  of  its  necessities,  to  arm  slaves  against 
their  masters.  Mr.  John  Quincy  Adams  charitably  ex- 
pressed the  hope  that  when  the  hostile  passions  aiising 
from  a  state  of  war  should  have  subsided,  the  Govern- 
ment of  Great  Britain  would  consider  the  impropriety 
of  its  condmjt  in  its  proper  light.  #  We  entertain  the 
same  hope  in  relation  to  the  Government  and  people  of 
the  United  States,  notwithstanding  the  variety  of  the 
monstrous  national  crimes  which  have  been  perpetrated, 
notwithstanding   the   Congressional  denial  that  eight 


'  --Mm' 


'■■■'     :-V%''^''S] 


W;     4«-   ■■■■ 
'■/'•..'♦■      r 


■  I 


.1   r~ 


.     'I' 


'■'i':k 


■i 


I*:.'  lit 


^32 


MAJOft   LAC08TE   AND   HIS   SLAVES. 


[1815. 


millions  of  their  fellow-beings  liad  "  any  rights  what- 


V 


t<  ■ 


H 

HhC 

IH 

^^^^^B 

^^^^^^bH^.    ''' 

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H^^KO*   '""■ 

^^^^H 

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I^^H^^I 

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^^■H^B 

Bm^"-' 

^^^Hj 

R|HB^;;y 

mm 

^^^%'' 

hhI 

MamKifc;:/ 

^HBBg 

w^^^^'i 

H^UHHI 

ffisMMN^j''.''.' 

BUffl 

HM^iv'^.  - 

HHi 

H^^;** 

Kgn 

HSPPr."'  - 

^^pffil 

W^^^Jf.', 

K|i!|M 

mPm^-;./, ' 

IRSi^^H 

^S^aL' »  a/  •  ** 

BrSy^H 

■Kfl^£vK*       ' 

Bhem 

B^ra«|ti*-.  >>' 

fll^nwi 

M^wl^^^  ^'; 

^jj^gJSwBfl 

SwJ^^^-^'( '  *'- 

■HPfl^HBgi 

fflMp  |K  toe^'  '/' 

Blfn||inP^E 

HHiE^'ifU*'  JWr    >  f 

P^@ 

^^§1''' 

P^^ 

^^^^-  ^''' 

pH 

^^P^^ 

p^^^ 

winm 

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fl 

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^^t 

ever. 

There  was  one  man,  however,  who,  it  is  said,  succeed- 
ed in  getting  back  most  of  his  negroes,  if  not  all  of 
them.  lu  was  Major  Lacoste,  afterward  major-general  in 
the  militia  of  the  State.  He  was  a  man  of  commanding 
presence,  having  a  striking  military  air,  and  really  look- 
ed superb  in  full  uniform.  There  was  a  gri-at  deal  of 
dry  humor  and  practical  shrewdness  coticealed  under 
his  somewhat  exaggerateii  loftiness  of  manner,  and,  as 
he  was  a  man  of  real  worth,  the  occasional  ebullitions  of 
a  temperament  inclining  to  pomposity  were  sources  of 
amusement  even  to  those  w^ho  liked  and  appreciated  him 
the  most.  He  had  been  one  of  the  planters  authorized 
by  General  Jackson  to  repair  to  the  British  camp  at 
Dauphine  Island,  with  a  view  to  regain  their  slaves,  and 
was  told,  with  the  rest,  that  he  could  have  his  negroes 
only  with  their  consent.  He  did  not  lose  his  time^  how- 
ever, in  remonstrating  with  the  British  officers  against 
their  ohamefiil  construction  of  the  treaty,  but  seemed  to 
assent  with  cheerful  philosophy  to  this  manifestation 
of  their  Punic  faith.  This  apparent  acquiescence,  and  a 
stately  urbanity  which  could  not  be  ruffled,  predisposed 
the  British  in  his  favor.  He  did  not  speak  one  word  of 
English,  but  several  of  the  British  officers  spoke  French 
perfectly.  They  and  the  Major  soon  became  friendly ; 
his  dignified  conviviality  won  their  hearts  and  com- 
manded their  respect.  "  Surely,"  said  t^:^  Major  to  them, 
"you  will  spare  me  the  humiliation  of  coaxing,  in  the 
presence  of  anybody,  my  runaway  slaves  to  return  to 
me.  British  officers  cannot  but  be  gentlemen,  and  must 
appreciate  the  feelings  of  one  in  my  position.  I  doubt 
not,  therefore,  that  you  will  peiinit  me  to  remain  alone 
with  my  slaves,  and  use  with  them  what  arguments  I 
can  find,  without  being  overheard  by  any  evil-disposed 


1 ' 


1816.] 


MAJOB   LAOOSTE   AND   HIS   SLAVES. 


533 


witnesses  who  may  laugh  at  my  vain  efforts.  What  I 
am  compelled  to  do  is  sufficiently  vexatious  without  un- 
necessarily making  it  more  painful  .  o  me."  The  British 
officers,  whom  he  had  put  in  good-humor,  and  whose 
vanity  he  had  gently  patted  on  the  shoulder,  assented  to 
his  desire.  "  But,"  said  they,  "  there  must  be  no  force 
used,  Major ;  the  slaves  must  express  clearly  their  con- 
sent to  return."  "  Force !"  exclaimed  the  Major ;  "  you 
speak  in  derision.  What  force  can  I  use  in  the  circum- 
stances in  which  I  am,  unless  you  allude  to  the  force  of 
persuasion  ?"  "  Oh  I  no,"  replied  the  British  (:>fficers,  laugh- 
ing ;  "  that  kind  of  force  is  legitimate.  You  have  our 
consent  to  that."  With  this  understanding,  the  Major 
was  tak  n  to  the  quarters  of  his  Legroes,  who  behaved 
with  some  degree  of  civility  when  they  saw  him,  and 
who  were  particularly  struck  with  the  military  honors 
paid  to  their  master  as  he  approached  the  guards  who 
watched  over  them.  This  did  not  escape  the  keen  eye 
of  the  Major,  and,  taking  advantage  of  this  circumstance, 
he  bowed  with  great  majesty  and  condescension  to  the 
officers  who  had  accompanied  him,  and  who  retired  ac- 
cording to  their  promise.  As  soon  as  he  was  left  alone 
with  his  slaves,  he  drew  himself  up  to  his  full  height 
and  assumed  a  menacing  attitude  and  tone.  "  Ah !  my 
darkies,  here  you  arel"  he  said.  "You  thought  you 
could  escape  me,  you  fools  I  You  never  knew  before 
what  a  great  man  I  am  ;  you  never  dreamed  that  the 
British  respect  me  so  much  that  they  are  willing  to  be 
commanded  by  me  and  have  your  master  for  their  chief. 
But  you  see  it  with  your  own  eyes ;  nobody  tells  you 
that.  I  flogged  the  British  Vv'ell,  as  you  know ;  and  I 
will  flog  you  well  too,  if  you  continue  to  misbehave  as 
they  once  did.  But  now  I  am  theii'  friend,  because  they 
have  repented, — so  much  have  they  repented  that  they 
want  to  kill  you  for  having  left  me  as  you  did,  you  un- 


•»  ••'Vv>'iU'  -  ■     'I 


r.-^*:*---.,-.;V-  ,■■■ 
i      ■■   -^K  .■■■     t      w     ■,«1 

■'■"•i-^- ■•■»•■;<?' '"I 

••••.■•>«>*••        • 
*     :  XrV'A      ■ 

•'  ■■-'..,   "»       '    v     .1 

•v     ■;■.  ',■!'■ 
•'*     'j-'i"    ■■-'    ■ 

-^     .A  Jk'  ''n    *  '   " 

.    *  '       -    -■  ■  ■      ,'•      1 

'■■■■■.•'•■■':":. ^i;v 
.  -''':     '^^^ 

^i's  ■:■■'■■{ 

,.  <*'•;■'•    ■■  ■■  ;.. 


V^-%^^' '  ^ 


i 


.  ■  .'•  )■  ■  .' 


584 


MAJOR   LACOSTE   AND   illS   SLAVES. 


[1815. 


^:?;>' 


pBpiJfflm 

pM^^i* . 

n^nH^|S^nEI 

Jj^vjft^;  ^^, 

iaJS^S^d^H 

'^^^A  V 

|^mj^^HBH| 

@^^^^' 

ELfJ 

H 

P 

^^^^^ 

^^t;.>. 

M 

^^^ 

^my 

^^!i 

^K^ 

^K^ 

i 

^^^^ 

^^'^'' 

m 

^^^»'^ip^ 

^^»f*' 

1 

im 

W' 

ft; 

^^iis 

m^' 

grateful  rascals !    '  Major  Lacoste,'  they  said  to  me,  '  is  it 
true  that  these  dirty,  stinking  fellows  used  to  steal  your 
chickens  and  your  pigs  V  *  Yes,'  said  I ;  *  it  is  but  too  true.' 
'  Well,  what  did  yon.  do  idth  them  on  such  occasions  ?' — '  I 
shook  my  ^;•^ts  iir,  thein,  and  threatened  to  cut  their 
throats,  but  never  did  i^^  as  you  see,  because  I  loved 
tiiem  like  children.' — '  Ha,  ha,  Major  Lacoste,'  they  said, 
* tliat  is  lot  the  way  to  treat  niggers.    Now  that  we  are 
friends,  if  you  say  the  word,  we  wi^l  make  an  example 
of  them  for  having  left  so  kind  a  master.     We  will 
shoot  every  one  of  them,  and  bring  you  better  niggers 
from  Africa  for   v  u  dollars  apiece.'    I  see  that  you  look 
tenified,  In'Igands ;  but  you  know  I  am  good — too  good. 
I  pardon  you  all,  unfortunate  wi'etches."    He  seemed 
so  powerful,  he  looked  so  grand,  so  imposing,  that  the 
negroes  fell  on  their  knees  and  thanked  him  for  his 
mercy.    "  Rise,  hypocritical  scamps !"  he  continued,  with 
an  expression  in  his  face  of  Olympian  benignity,  which 
still  retained  something  of  the  awful  and  the  terrible, 
"  rise ;   1  will  save  your  lives ;   not  because  I  believe  in 
your  repentance,  not  because  I  am  your  dupe  (Major 
Lacoste  cannot  be  duped  by  anybody)  ;  but  because  I 
am  used  to  you,  and  we  may  as  well  grow  old  together. 
I  will  take  you  home  safely  without  loss  of  time.    The 
British  may  soon  get  drunk  like  Choctaws ;  it  is  their 
habit ;   and  then  perhaps  I  could  not  save  you.    Form 
a  line,  two  by  two,  keep  behind  me,  close  on  my  heels — 
no  straggling — and  I  will  carry  you  safe  through  th(! 
British  lines  to  the  boat  which  awaits  us."    The  trem- 
bling negroes  did  as  he  commanded.    Putting  himself  at 
their  head,  he  marched  toward  a  company  of  British 
soldiers  who  had  been  commanded  to  watch  him,  and  to 
ascertain  if  the  slaves  followed  him  willingly.     As  he 
approached  in  the  full  dress  of  his  grade,  the  soldiers 
were  courteously  ordered  to  present  arms.   "  Don't  fire," 


\.%' 


1816.] 


MAJOR  LACOSTE   AND   HIS   SLAVES. 


535 


exclaimed  the  Major,  in  French,  waving  his  hand  in  a 
manner  which  might  he  taken  for  a  sign  of  command, 
or  an  acknowledgment  for  the  honors  paid  to  him. 
"  Don't  fire,  they  follow  me  willingly ;"  then  turning  to 
the  negroes,  he  said,  in  their  corrupt  French  idiom, 
which  they  alone  could  understand :  "  You  see !  they 
wanted  to  shoot  you  and  I  prevented  them.  Now,  speak 
your  mind.  Do  you  want  to  come  with  me  ?  Yes  or 
no."  "We  want  to  go  with  master;  we  want  to  go 
home,"  shrieked  the  negroes,  huddling  round  the  Major, 
and  almost  hugging  him  in  their  arms.  There  was  no 
denying  such  a  manifestation  of  consent.  The  Major 
bowed  superbly  to  the  bewildered  Britons  and  marched 
off.  He  met  on  his  way  several  other  corps  of  British 
troops,  and  the  same  scene  was  reacted  with  equal  suc- 
cess, until  he  reached  his  boat  and  departed  in  triumph. 
It  is  reported  that  the  Major  was  fond  of  relating  this 
exploit,  of  which  he  was  verj'^  proud,  and  would  say, 
on  such  occasions,  with  ineffable  self-complacency  and  a 
dash  of  contempt :  ''  I  taught  those  thick-witted  Eng- 
lishmen how  to  interpret  a  treaty." 

The  happy  effects  of  peace  were  soon  felt  in  Louisiana. 
On  the  16th  of  March,  Governor  Claiborne  wrote  to  Mr. 
Monroe,  Secretary  of  War :  "  Great  is  the  change  which 
the  return  of  peace  has  already  made  in  this  capital 
(New  Orleans).  Our  harbor  is  again  whitening  with 
canvas ;  the  levee  is  crowded  with  cotton,  tobacco,  and 
other  articles  for  exportation.  The  merchant  seems  de- 
lighted with  the  prospect  before  him,  and  the  agricul- 
turist finds  in  the  high  price  for  his  products  new  in- 
citements to  industry."  This  war  had  been  conducted 
on  the  part  of  the  British  with  an  inhumanity  and  with 
a  contempt  of  the  usages  of  civilization  which  it  is  the 
duty  of  the  historian  to  censure ;  they  had  armed  ne- 
groes and  Indians,  and  had  showed  a  love  for  devasta- 


SI  J 


■  \'.-  -iW'  »■*»  .    ^.^ 


!  .V   ; 

i.'     '■ 


'■\I-. 


w 


536 


BRITISH   LOVE   OF  PLUNDER. 


[1816. 


'-^i. 

».•#■ 


^H 

■■|.:^. 

^^^1 

^KKhI'--^' 

^BH| 

^^^Bs*''' 

^^^^H 

^^BB^^'^ 

^^H 

l^^Ss'^* 

^^H 

^KSk '' 

^^H 

BBEm^~' 

^^H 

JB^p''^ 

^^^^^1 

^I^Ht«i '  '"^ 

^^^1 

^^HKiLu^  r 

^^^^^1^1 

IB^^bI^HS'' 

^^^^^^1 

Dh^hHv  ''^i* 

^^H 

^atM^S;. 

^^^I^H 

(^^^^BBCT  T^  f* 

H 

HHP:^! 

^^Q^H 

^■^^^SSh^'  <;  V 

^HH 

B^B^'''" 

BhI 

H|B8|'''  ■ 

^B0^H 

^DBSKwi''  V 

^^bH 

InEs^*'^*^ 

HH^B 

■nd^<i^ 

IWHB 

^HBy^t.)'.-' 

BmS 

MViP^"  - 

^EBJMI 

^^HTjkq;^'^; 

lElK^H 

tMT^Twfr  *'  ^ ' 

H^jkH 

wMSPS^'^  ' "' 

BpQ^^I 

wSVi^flMl^'*''   ' 

nifji^H 

RSMmxt.'  • 

ffi^ 

l^^''- 

I^M 

I^mB 

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BESBhS 

KifSfg' -.  'j  ■  ' 

^ 

Rp' 

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■BcHfelK^^^ : . 

m 

W- 

n^**[nBSfii 

iKv^flS 

^m 

^l^ni 

^^^^i%t  '" 

H^^^^ 

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m 

■i 

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^b>{Sm^<'*. 

^i>«M^^H 

mm 

tion  and  plunder  which  could  be  expected  only  from 
barbarians.  In  many  letters  written  at  the  time 
by  British  officers,  and  which  fell  into  the  hands 
of  the  Americans,  that  love  for  plunder  it  openly 
deyeloped,  and  proved  beyond  contradiction.  Colonel 
Malcolm,  in  a  letter  to  the  Rear- Admiral  of  that  name, 
expresses  his  chagrin  that  his  share  of  the  prize-money 
at  St.  Mary's  "did  not  exceed  five  hundred  pounds." 
In  another  communication  of  a  similar  tone  from  the 
same  to  the    same,  the    hope    is    entertained    **  that 


New  Orleans  will  repay  the  troops  tor  all  their  trouble 
and  fatigues."  Sir  Thomas  Cochrane  laments  that  St. 
Mary's  was  taken  two  days  before  his  arrival,  which,  of 
'^iJourse,  "  cut  him  out  of  what  had  been  captured."  He 
adds  in  the  same  mercenary  strain :  "  It  was  at  first  sup 
posed,  as  is  usual  on  these  occasions,  that  a  great  deal  of 
money  would  be  made,  but  if  they  do  clear  thirty  thott- 
sand  pouTidSj  it  will  be  as  much  as  they  will  do."  Con- 
doling with  Captain  Evans  on  the  defeat  of  the  British 
army  at  New  Orleans,  Admiral  Cockbum  said  :  *'  We 
have  been  more  fortunate  here  in  our  small  way.  We 
have  taken  St.  Mary's,  a  tolerably  rich  place."  Another 
individual  writes  to  Lieutenant  Douglas,  of  the  brig 
Sophia,  oft  New  Orleans :  "  We  have  had  some  fine  fun 
and  plenty  of  plunder  at  St.  Mary's.  How  are  you  off 
for  tables  and  chests  of  drawers^  etc."  ?  Here  are  the 
words  of  J.  Gallon  to  J.  O'Reilly,  of  the  ship  Tonnant,  off 
New  Orleans :  "  We  have  had  fine  fun  since  I  saw  you. 
What  with  the  Rappahannock,  and  various  other  places, 
we  have  contrived  to  pv^h  up  a  few  trifling  things,  such  as 
mahogany  tables,  chests  of  drawers,  etc.  One,  J.  R. 
Glover  writes  from  Cumberland  Island,  on  the  1st  of 
February,  to  Captain  Westful  of  the  Anaconda :  "  We 
have  established  our  headquarters  here,  after  ransacking 
St.  Mary's,  from  which  we  brought  away  property  to 


1815.] 


BOOTY    AND   BEAUTY. 


537 


the  amount  oi  fifty  tJiousand pounds  ;  and  had  we  two 
i:housand  troops,  we  might  collect  cu  good  harvest  before 
peace  takes  place."  Captain  Napier  informs  Captain 
Gordon  that  he  has  "  petitioned  the  Prince  Regent  for  a 
good  slice  of  prize-money,  and  hopes  to  succeed." 

From  these  specimens  of  the  greedy  disposition  of  the 
British  ofl&cers  at  the  time,  we  can  easily  imagine  what 
"  fine  fun"  they  would  have  had  if  they  had  taken  pos- 
session of  New  Orleans,  and  what  would  have  been  the 
fate  of  the  "  chests  of  drawers,"  and  other  valuables  of 
the  inhabitants  of  that  city,  if  they  had  come  in  contact 
with  the  hands  of  these  gentle:nen.  It  is  generally  be- 
lieved in  the  United  States  that,  on  the  memorable  day 
of  the  8th  of  January,  the  parole  and  countersign  of  the 
enemy's  army  were  "  booty  and  beauty."  That  belief, 
which  contains  a  most  heinous  and  almost  incredible 
charge  against  so  civilized  a  nation  as  Great  Britain,  is 
founded  partly  on  the  rapacity  exhibited,  and  the  brutish 
depredations  committed  by  the  British  army  wherever 
it  landed  in  America,  and  partly  on  the  concurrent  re- 
port of  a  gi'eat  number  of  the  British  prisoners  and  de- 
serters. It  is  hardly  probable  that  they  should  have 
agreed  in  such  an  invention.  Was  it  a  calumny  ?  In  that 
case,  why  was  not  the  infamous  report  contradicted  ? 
Why  was  not  the  proof  of  the  genuine  parole  and  counter- 
sign on  that  day  furnished  by  the  British  Government  ? 
They  must  have  been  easily  obtained,  for  they  must 
have  been  consigned  on  the  orderly-books  of  every  corps 
in  the  army.  It  was  correctly  observed  at  the  time, 
"  that  the  fame  of  General  Packenham  and  his  officers, 
the  moral  character  of  the  British  military,  strongly  im- 
plicated by  a  charge  of  this  nature,  and  the  honor  of  the 
British  Government,  all  imperiously  demanded  that  it 
be  refuted,  if  capable  of  refutation ;"  and  yet  no  such 


"■"mm 

••-,A'.-'.,V::  II 

'■    .  »■*.■«■■  ■>■  ■        ■ . 


t '  ,*- '.' 


;^v  >: 


^■■■% 

*)■ 

■:^i'r 

<:       3*-' 

•  ' 

t  ,■,, 

<■'*     -^ 

1 

-  ■*■■  ,'- 

,1'    '. 

■f    •■■  ' 
.''■   ;■■'■. 

ii 

"  ,    '  "- 

\'- 1^'-:' 

■  1 

f  *  ■  * 

■i"  •■■;••» 

'  V 

■.■•., 

*•'.■.>•. 

'k 

-:'k} 

'y,''!:-' 

:  1 

"'"'[ 

^^:  •  ■ 

14 


538 


BOOTY   AND   BEAUTY. 


[1815. 


j.j."' 
W- 


f,  f 


'1^^^^- 

■  *'''Wl^B 

f-' 

2itf^i'  ^^m 

• 

II' 

;^ti 

^^p  ' 

\  •M'b'i^'i 

P^l^^W'' " 

^^^iiRSiMiduv^  Sfc/j  f  ^ 

flwKgMHy^^pj"' 

RfH^^ft^Hi?^ 

k'^w^^GJ^Effi^n^ll^*^  ' 

i^ii^^fe^S'^' ' ' ' 

Bp^.y;'B 

^J^^^^mff:'*-/ 

Mt;5:1^y« 

KV'tt  ti^Mivy 

i^^^fti' 

E^^i<)i|o 

Hf^*J^\*Syi^mr^^''^^ 

^K 

l^^^^^^u^S' '^s^^%^  " 

S^-S 

^m- 

Pi 

^^K 

^^u9H^^^^^_fv  ' 

K"*'.Hi.-  ^-if^i 

^HS9^KJfw^^4^-*    ^  ' 

K^#^B 

i^^^^p^St  St' 

attempt  was  made,  although  so  grave  au  accusation  was 
blazoned  forth  in  every  newspaper  and  periodical  pub- 
lication in  the  United  States,  and  thus  assumed  the 
authority  and  importance,  as  it  were,  of  a  national  act. 
Was  it  beneath  the  dignity  of  Great  Britain  to  notice 
it  in  the  same  way  through  her  public  press  ?  Oould 
it  have  been  derogatory  to  a  great  nation  to  have  dis- 
proved an  allegation  which  left  a  stain  on  her  character, 
and  which  was  made  by  her  peer  in  power,  in  rank, 
in  civilization,  and  in  morality  ?  She  has  chosen,  how- 
ever, to  remain  silent ;  and  her  silence,  when  her  sensi- 
tiveness as  to  her  national  honor  is  so  well  known,  must, 
under  the  circumstances  we  have  mentioned,  be  received 
as  an  implied  confession  of  the  truth  of  what  was  uni- 
versally believed  in  America.  She  has,  the.refore,  no 
right  to  complain  if  American  historians  record  that 
"  booty  and  beauty"  were  the  parole  and  countersign 
given  by  General  Packenham  on  the  8th  of  January, 
when  he  led  his  troops  to  the  assault  of  General  Jack- 
son's lines.  It  is  from  the  fate  which  such  words  imply 
that  General  Jackson  saved  New  Orleans ;  and  so  hor- 
rible are  the  scenes  which  they  must  conjure  up  in  the 
imagination  of  every  one,  that  it  is  really  to  be  won- 
dered at  that  the  Legislature  of  Louisiana  refused  to 
vote  him  a  sabre,  as  proposed,  and  to  include  him  in 
those  thanks  which  they  lavished  on  every  human 
being  who  had  participated  in  the  defence  of  New 
Orleans.  Not  only  had  Louisiana  been  protected  against 
an  army  of  fifteen  thousand  men,  but  this  large  army 
of  veterans  had  been  driven  away  with  a  loss  of  more 
than  four  thousand  men,  whilst  our  casualties  consisted 
in  55  killed,  185  wounded,  93  missing — ^grand  total, 
333.  This  is  an  historic  fact,  as  well  authenticated  as 
any  one  of  those  which  are  accepted  without  a  doubt ; 


1815.] 


JACKSON    A:ND   tile   L£0ISLATUK£. 


539 


and  yet  it  must  be  couteHsed  that  it  presents  itself  in  the 
shape  of  tiction,  although  sober  truth  claims  it  as.  be< 
longing  to  her  domain. 

So  certain  of  success  had  the  British  been  when  they 
attacked  Tx>uisiana,  that  they  had  come  ready  prepared 
with  all  the  officers  necessary  for  her  civil  administration 
— which  shows  what  we  must  think  of  their  assertions 
that  they  had  come  to  restore  to  their  allies,  the  Span- 
iaj'ds,  a  province  which  they  had  lost.  On  the  subject 
of  that  "  certainty"  which  had  possessed  itself  of  the 
British  mind,  Colonel  Malcolm  wrote  to  Admiral  Mal- 
colm :  *'  From  all  accounts  New  Orleans  is  very  strong. 

What  a  disappointment  it  will 

be  in  England,  should  you  fail  I  The  chance  of  failure 
has  not  been  calculated  on,  and  from  the  force  employed 
it  has  been  made  too  sure  at  first." 

Having  dismissed  the  British,  loaded  with  humiliation 
instead  of  that  plunder  and  glory  which  they  had  ex- 
pected, we  shall  now  proceed  to  record  and  examine 
some  of  the  events  which  had  taken  place  in  New  Or- 
leans during  the  invasion,  and  which  we  had  purposely 
passed  over,  with  the  intention  of  returning  to  them 
after  we  had  done  relating  in  a  connected  manner  the 
military  operations  against  Louisiana  and  their  conclusion 
by  the  treaty  of  peace. 

We  have  already  mentioned  in  the  preceding  pages 
that,  ov  the  28th  of  December,  1814,  in  the  morning,  the 
halls  of  the  J^egislative  Assembly  had  been  closed  by 
military  authority,  and  the  members  prevented  from 
meeting  as  usual.  This  order  was  enforced  until  the 
next  day,  when  it  was  revoked  early  in  the  morning,  and 
both  Houses  permitted  to  resume  their  functions.  Their 
fii'st  act  was  to  appoint  a  Joint  Committee  to  inquire  into 
the  cause  of  this  extraordinary  proceeding,  and  to  ascer- 
tain the  source  from  which  it  had  emanated.    General 


•*    "V,. I'    1  ■      'I 


■  •    )  ,1  'V.  <'i  '     • 


'     >. 


■m 


I '-; 


540 


JAvKSOU  8  ANS^/EU  TO  THE  LE0I8LATUKE. 


[1816. 


■f^A 


■hS 


JackBon  was  immediately  addressed  on  the  subject,  and 
Lis  reply  was  as  follows  : 

it . 

"  CaAIP   at  MaCABTT's,  4   MILKB   BBLOW   NeW   OrLEANS,  ) 

*^  Headquartersj  December  3^^  1814.  J 

"  The  Major-General  commanding  has  the  honor  to  aoknowledgo 
tho  receipt  of  the  joint  resolution  of  both  Houses  of  the  lion,  the 
Legislature  of  tho  State  of  Louisiana,  now  in  session^  dated  tho 
dOth  inst.,  and  communicated  to  him  by  a  Joint  Committee  of  both 
Houses,  to  which  the  General  gives  the  following  answer : 

"  That  just  after  the  engagement  between  the  British  and  Amer- 
ican armies  had  commenced  on  the  28th  inst.,  when  the  enemy  was 
advancing,  and  it  was  every  moment  expected  they  would  storm 
our  lines ;  as  the  General  was  riding  rapidly  from  right  to  left  of 
his  line,  he  was  accosted  by  Mr.  Duncan,  one  of  his  volunteer  Aids, 
who  had  just  returned  from  New  Orleans.  Observing  him  to  bo 
apparently  agitated,  the  General  stopped,  and,  supposing  him  the 
bearer  of  some  information  of  the  enemy's  movements,  asked  what 
was  the  matter.  He  replied  that  he  was  the  bearer  of  a  message 
from  Governor  Claiborne  that  tho  Assembly  were  about  to  give 
up  the  country  to  the  enemy.  Being  asked  if  he  had  any  letter 
from  the  Governor,  he  answered  in  the  negative.  He  was  then  in- 
terrogated as  to  the  person  from  whom  he  received  the  intelligence ; 
he  said  it  was  from  a  militia  Colonel.  The  General  inquired  where 
this  Colonel  was ;  that  he  ought  to  be  apprehended,  and  if  the  in- 
formation was  not  true,  he  ought  to.be  shot,  but  that  the  General 
did  not  believe  it.  To  this  Mr.  Duncan  replied  that  the  Colonel 
had  returned  to  New  Orleans,  and  had  requested  him,  Mr.  Dun- 
can, to  deliver  the  above  message. 

"  Tlie  General  was  in  the  act  of  pushing  forward  along  the  line, 
Avhen  Mr.  Duncan  called  after  him  and  said :  '  The  Governor  ex- 
pects orders  what  to  do.'  The  General  replied  that  he  did  not  be- 
lieve the  intelligence,  but  to  desire  the  Governor  to  make  strict 
inquiry  into  the  subject ;  and  if  true,  to  blow  them'  up.  The  Gen- 
eral pursued  his  way,  and  Mr.  Duncan  returned  to  the  city.  After 
the  action,  Mr.  Duncan  returned,  and  on  the  General's  stating  to 
him  the  impropriety  of  delivering  such  a  message — ^publicly,  in  the 
presence  of  the  troops,  as  well  as  the  improbability  of  the  fact — he 
excused  himself  by  the  great  importance  of  the  intelligence;  and 
then,  for  the  first  time,  the  General  heard  the  name  of  Colonel  De- 
clouet  as  Mr.  Duncan's  author. 

"  The  above  statement  the  General  gives  as  a  substantial  one 


1816.]     Claiborne's  ANSWER  TO  THE  LEOISLATUUE.        541 

of  the  matter  pferrcd  to  in  the  Reaolutions  of  the  Senate  and  IIouho 
of  RcpreHentntives ;  and  to  this  he  adds,  that  he  gave  no  order  tu 
the  Governor  to  interfere  with  the  L^islature,  except  as  above 
stated."  < 

i 

The  next  application  for  infonnation,  on  the  part  of 
the  Committee,  was  to  Governor  Claiborne.  He  replied 
that  he  had  never  sent  any  message  to  General  Jackson 
on  such  a  snlgect,  either  through  Colonel  Declouet,  or 
anybody  else.  On  the  morning  of  the  28th,  on  hearing 
the  discharges  of  the  artillery  and  musketry,  which  an- 
nounced to  him  that  an  engagement  had  begun,  the 
Governor  waa  advancing  toward  General  Jackson's  camp 
with  an  escort  of  cavalry,  when  he  met  his  Aid,  Colonel 
Fortier,  who  said  to  him :  "  Major-General  Jackson  has 
received  the  information  that  the  Legislature  is  on  the 
point  of  assembling  to  give  up  the  country.  His  orders 
are  that  the  Governor  should  immediately  close  the 
doors  of  the  State  House,  surround  it  with  guards,  and 
fire  on  the  members  should  they  persist  in  assembling." 
Colonel  Fortier  said  that  these  orders  had  been  delivered 
to  him  by  Abner  Duncan,  one  of  General  Jackson's  vol- 
unteer Aids.  The  Governor  immediately  returned  to 
the  city  and  executed  what  ho  believed  to  be  instructions 
fi'om  the  Commander-in-Chief.  The  Governor  expressed 
his  regrets  that  there  should  have  been  an  error,  or  mis- 
understanding, and  that  it  should  have  given  rise  to  so 
grave  a  measure  as  a  military  interference  with  the  func- 
tions of  the  Legislature,  but  added  that,  with  regard 
to  the  part  he  had  taken  in  it,  he  confidently  believed 
that,  with  tbe  information  which  had  been  given  him, 
and  in  the  extraordinary  circumstances  in  which  the 
State  was  placed,  he  had  pursued  the  •  course  which 
prudence  and  duty  required  ;*  for,  admitting  that  the  in- 

*  Not  having  the  original  English  text,  I  regret  that  I  cannot  give  the  very 
words  of  the  Governor.    I  am  compelled  to  retranslate  from  a  French  transla- 


■■■•■•,    r->  ■'. 

■  '■■'-'■'■V.i 

-  '  r  ■Aj"t, 
•  'it? 


r^\-:/f:.  ■/.,'   ill 

■  •■•■*-■■, H'>i Jt :    \ 


r.. 


•  '■^>'  ■ 


a  ;' 


^.-^■' 


'•»"-.-;■'•:'.: 


542 


COLONEJi   FORTIER's   TESTIMONT.    '' 


[1S16. 


i 

4 

m 


'■■■.> 


^^i^^^' 


0 


formation  was  witliout  real  foiindatioii,  it  was  not  tlie 
less  evident  that  suspicions  very  injurious  to  the  Legis- 
lature had  been  spread^mong  the  public,  and  that  the 
mere  fact  of  the  meeting  of  the  Legislature  on  that  day 
might,  and  probably  would,  have  caused  some  popular 
commotion,  the  repression  of  wixich  would  have  been 
difficult.  On  the  other  hand,  supposing  the  information 
to  have  been  well  founded,  the  momentary  suspension  of 
the  services  of  the  Legislature  had  then  become  essential 
to  the  safety  of  the  State.  Such  was  the  substance  of 
the  Governor's  declaration  made  on  the  4th  of  January, 
and  transmitted  to  the  Legislature. 

Colonel  Fortier  related  that,  on  the  morning  of  the 
28th,  being  on  his  way  to  our  lines,  he  met  Mr.  Duncan 
coming  to  New  Orleans,  who  said  to  him :  "  Have  you 
seen  Colonel  Declouet? — ^Yes.-*What  did  he  say  to 
you  ? — Nothing,  except  that  our  aflfairs  were  going  on 
well  at  Camp  Jackson,  and  that  the  British  were  retiring. 
— Has  he  not  told  you  something  else  ? — No. — Do  you 
know  if  the  Legislature  is  in  session  ? — No. — Do  you 
think  that  they  are  to  meet  to-day  ? — I  do  not  know, 
but  I  do  not  believe  it ;  for  I  saw,  not  long  ago,  several 
members,  and  among  others,  Mr.  Hai-per,  who  was  on 
his  way  to  the  camp  with  his  gun."  After  this  Colonel 
Fortier,  as  he  alleges,  received  the  message  which  he 
transmitted  to  Governor  Claiborne. 

General  Jackson's  volunteer  Aid,  Abner  Duncan,  seems 
to  have  been  the  cause  of  the  regrettable  occurrence 
which  had  taken  place.  He  had  misapprehended  the 
orders  given  him,  and  he  had  not  even  carried  and  re- 
ported them  as  he  had  understood  them  to  be.  Accord- 
ing  to  his  own 'declarations  before  the  Committee,  he  had 
met  Colonel  Declouet,  who  was  coming  from  the  city  in  . 

tion,  which  is,  however,  official  and  sanctioned  by  the  Legislature,  as  it  is  pab- 
lished  in  the  French  side  of  their  Journal. 


515. 


seems 
irrenco 
ed  the 
,nd  re- 
^ccord- 
he  had 
city  in 

I  it  is  pub- 


af 


1815.] 


ABNER   DUlfCAN'8   TESTIMONT. 


543 


great  haste  and  in  a  great  state  of  agitation,  and  who 
begged  him  to  inform  G-eneral  Jackson  that  there  was  a 
plan  among  several  members  of  the  Legislature  to  sur- 
render the  country  to  the  enemy,  and  named  the  indi- 
viduals who  were  engaged  in  the  plot.  Pe  admits  that 
Colonel  Declduet  never  told  him  that  he  was  sent  by  the 
Governor,  and  he  avers  that  he  never  told  General  Jack- 
son that  the  message  came  from  the  Governor,  "al- 
though," he  says,  **  the  General  seems  to  have  been 
under  that  impression  at  the  time."  As  to  General 
Jackson's  orders,  he  believed  them  to  have  been,  as  far 
as  the  agitation  in  which  he  was  permitted  him  to  uiider-^ 
stand  and  remember  them :  "  Tell  the  Governor  to  pre- 
vent it,  and  if  they  attempt  it,  to  blow  them  up."  Even 
this  message  he  did  not  transmit  faithfully,  and  he 
assumed  the  responsibility  of  prescribing  to  daibome 
the  measure  which  was  to  be  taken,  instead  of  leaving 
what  was  to  be  done  to  the  wisdom  of  that  magistrate. 
If  there  is  any  excuse  for  Mr.  Duncan,  it  must  be  looked 
for  in  the  perturbed  state  of  mind  in  which  he  confesses 
to  have  been.  To  this  cause  it  must  be  safe  also  to  at- 
tribute the  discrepancy  existing  between  General  Jack- 
son's circumstantial  account  and  Duncan's  declarations. 

Colonel  Declouet  certainly  found  himself  in  a  very 
critical  situation.  According  to  Duncan's  and  Davezac's 
testimony,  which  is  given  at  length  in  the  report  of  the 
Committee  of  Investigation,  he  had  accused  the  Legisla- 
ture of  treason ;  he  had  accused  Guichard,  the  Speaker 
of  the  House,  Blanque,  Mai  igny  and  others  who  always 
voted  with  Blanque,  a  very  influential  member  of  the 
House,  of  being  at  the  head  of  the  movement.  He  had 
asserted  that  Guichard  had  attempted  to  obtain  his  co- 
operation by  telling  him  that  General  Jackson  made 
war  after  the  Russian  fashiop,  which  was  to  destroy 
everything  rather  than  give  up  the  possession  of  the 


e 


-  .  l.-i': 


fK"  .rl 


■B*:    .,J  »V    ■  :-*! 

■  'Ts-c*' ■■■'-'■••■.;  . 

:■  ■."••■«•■;.  ,1. !.";.; 
■•  *->''^ ■.:?»;  U 


■  '^wr.  V' ■■  ■   ■  ^    .  , 


5f 


5:»  v.- 


•\s- 


544 


MAJOR   DAVEZAC'S  TESTIMONY. 


[1815. 


country  to  the  Biitisli,  whilst  the  enemy  would  respect 
property.  Major  TuUy  Robinson  and  Major  Tessier  also 
Bwore  that  Declouet  had  mentioned  to  them  Blanque, 
Guichard  and  Marigny  as  using  their  influence  in  the 
Legislature  to  dispose  that  body  to  a  capitulation,  in  or- 
der to  prevent  ttie  destruction  of  property,  "  which  should 
not  be  sacnficed  to  military  pride." 

Davezac,  one  of  the  voluntary  Aids  to  General  Jackson, 
being  at  headquarters,  conversing  with  the  General  a 
short  time  after  the  meeting  of  Duncan  and  Declouet 
which  we  have  related,  the  latter,  accompanied  by  the 
former,  as  Davezac  believes,  entered  the  room  in  which 
he,  Davezac,  and  the  General  stood.  Declouet,  who 
seemed  to  labor  under  some  degree  of  embarrassment, 
having  told  the  General  that  he  wished  to  speak  "with 
him  in  pHvate,  Davezac  w^as  preparing  to  Avithdraw, 
when  the  General  desired  him  to  remain  and  to  serve  as 
interpreter,  because  he  did  not  understand  the  French 
language,  which  was  the  only  one  used  by  the  Colonel. 
Declouet  spoke  slowly,  and  Davezac  interpreted  each 
phrase  as  it  came  out.  The  purport  of  Leclouet's  com- 
munication was  as  follows :  "  That  since  the  invasion  of 
the  country  he  had  had  with  one  of  his  friends,  a  mem- 
ber of  the  Legislature,  a  conversation  which  he  consider- 
ed of  the  utmost  importance."  He  refused  at  first  to 
name  the  individual,  but  on  being  assured  of  secrecy,  he 
declared  that  it  was  Mr.  Guichard,  Speaker  of  the  House 
of  Representatives.  After  some  vague  observations  re- 
lating to  the  pending  hostilities,  Mr.  Guichard  had  said 
with  much  wai'mth,  "  that  war,  such  as  it  was  earned  on 
by  General  Jackson,  was  horrible ;  it  was  a  Russian  war ; 
Jackson  would  destroy  everything  after  the  Russian 
fashion,  and  was  worse  than  the  British."  Having  ob- 
served to  Guichard  that  he  did  not  understand  why  the 
Legislature  continued  in  session  in  such  times  as  these. 


[1815.        ^ 

ispect 
r  also 
mque, 
m  the 
in  or- 
ihould 

ickson, 

leral  a 

eclouet 

"by  the 

I  whicli 

jt,  who 

ssment, 

ak  -svith 

thdraw, 

serve  as 
French 

Colonel. 

ed  each 

it's  com- 

asion  of 
amem- 
lonsider- 
first  to 
irecy,  he 
e  House 
tions  re- 
tad  said 
,med  on 
lian  war ; 
Russian 
lying  ob- 
Iwhy  the 
las  these, 


1815.] 


COLONEL   DiOLOUET's   TESTEvlONY. 


545 


Guichard  replied  that  "  it  was  to  save  the  country,  and 
take  proper  measures  to  preserve  it  from  ruin."  To  this 
he  answered  not,  but '  made  many  reflections  which  he 
imparted  to  a  friend,  who  advised  him  to  discover  to 
General  Jackson  what  he  knew.  Being  etill  in  a  state 
of  indecision  J  during  the  late  attack  of  the  28th,  he  had 
met  Duncan,  whom  he  had  desired  to  communicate  these 
facts  to  General  Jackson.  What  had  induced  him  to 
take  that  step  was  the  apprehension  that  should  our 
army  meet  with  a  disaster,  the  Legislature  would  treat 
with  the  enemy.  He  stated  his  private  opinion  to  be, 
that  the  feelings  and  dispositions  of  the  majcrit}-  of  the 
Legislature  agreed  with  those  of  Guichard.  By  the  ma- 
jority, he  explained  that  he  meant  such  members  as  al- 
ways voted  with  Blanque,  and  composed  the  French  side 
of  the  House,  with  the  exception  of  KouflSgnac  and 
Louaillier,  who  sometimes  dissented.  He  believed  that 
the  men  he  named  had  sufficient  influence  to  control  and 
lead  the  Legislature  as  they  wished.  Such  was,  in  sub- 
stance, Davezac's  testimony. 

Od  ::amining  all  the  proceedings  of  the  investigation 
carried  on  by  the  Committee  of  the  Legislature  and  all  the 
documents  annexed  to  their  Report,  it  seems  evident  to 
ns(  that  Colonel  Declouet  had  only  intended  to  put  se- 
cretly General  Jackson  on  his  guard  against  the  danger 
which  he  apprehended,  and  had  never  anticipated  his 
being  brought  out  publicly  to  confront  the  Legislature 
with  hostile  denunciations  against  any  of  its  members. 
Great,  therefore,  was  his  embarrassment;  he  shrank 
from  the  dangerous  position  he  was  made  to  take  so  un- 
willingly and  unexpectedly,  and  he  looked  romnd  for  some 
shelter  against  the  storm  which  he  had  raised.  He  de- 
nied having  accused  anybody,  either  Blanque,  Guichard 
or  Marigny ;  he  knew  nothing  positive ;  he  had  no  facts 
to  allege ;  he  knew  of  no  plot  or  well-ascertained  design 
35 


m 

■>«-'5«. . 


A^;^' 


'•■■'    "f.   at 

-   'i...»i '■'■''    'I 
'■'•■-n'^r.  ' 

■"'■'  ..^f -'!''■•' ■ 

'",V'!-'.'4.';i.'    A 
•  if '■.'.>;-■  ;--ni-  ii 

'   .,?*^-.r;;\Sf/'  ill 


•{■■ 


]  f3.-: 


■i: 


546 


COLONEL   DiCLOUET's   TESTIMONY. 


[1815. 


5^' 


■^' 


m? 


^i»- 


5..    . '/,..-, '_-4r' 


to  capitulate ;  no  treasonable  proposition  had  been  made 
to  bim,  or,  with  his  knowledge,  to  any  other  human 
being ;  the  consternation  he  had  seen  in  the  city  had 
alarmed  him ;  the  tone  and  tenor  of  his  conversation  with 
his  friend  Guichard  had  confirmed  and  even  increased 
that  alarm.  He  had  conceived  apprehensions,  and  those 
apprehensions  he  had  communicated  to  General  Jackson. 
But,  said  the  Committee  to  him,  '*  Since  you  knew  noth- 
ing treasonable,  on  what  grounds  were  your  apprehen- 
sions founded  ?"  His  reply  ^vas :  "  I  alv/ays  apprehend- 
ed, from  the  very  beginning  of  the  wa»*,  a  considerable 
diversity  of  opinions,  a  want  of  unanimity  in  the  Legis- 
lature." "  Are  these  sufficient  reasims  to  believe  the 
Legislature  composed  of  traitors  capable  of  sun*endering 
the  country  to  the  enemy  ?"  "  I  believed  that  division 
would  prevail  among  the  Legislature  as  in  all  deliberative 
assemblies ;  and,  as  I  have  a  right  to  my  apprehensions,*  I 
feared  that  the  Legislature  would  capitulate  rather  than 
see  the  city  destroyed  and  sacked ;  and  as  by  that  capitu- 
lation I  did  not  see  that  the  war  would  be  terminated,  be- 
cause more  troops  would  come  from  the  upper  country  to 
recover  the  State,  I  was  terrified  at  the  consequences.  But 
I  never  told  anybody  that  there  were  traitors  in  the  Leg- 
islature." "  If  the  Legislature  had  put  the  British  in 
possession  of  the  country,  according  to  those  apprehen- 
sions which  you  ^vished  to  communicate  to  General  Jack- 
son, would  you  not  have  considered  the  members  of  the 
Legislature  as  traitors  ?"  "  If  the  British  had  beaten  us, 
I  should  have  feared,  as  I  did  fear,  a  capitulation  on  the 
part  of  the  Legislature,  for  the  reasons  which  I  have 
already  given."  Thifi  was,  to  use  an  inelegant  but  ex- 
pressive word,  dodgijig  the  question.  But  the  Colonel 
was  probably  anxious  not  to  commit  himself  any  ftirther ; 
the  ground  on  which  he  stood  was  sufficiently  full  of 

r    V  *  Et  comme  je  euis  xnaitre  d«  mes  appi^henBiouB.       '-'»■'     e 


1816.] 


CHARACTER   OF  DECLOUET. 


547 


perils  and  enmities.  Henc^  the  discrepancies  of  his 
statementg,  as  related  by  hiiaself  and  by  tliose  to  whom 
he  had  made  them ;  hence  the  vague  nature,  the  clum- 
siness of  his  answers,  and  the  "  inconsistencies  and  ab- 
surdities" with  which  he  is  taxed  in  the  Keport  of  the 
Committee.  The  only  individual  who  was  somewhat 
implicated  by  anything  positive,  w^hich  Declouct  did 
not  deny  or  retract,  was  Magloire  Guiciiard,  whose  con- 
versation, as  related  by  Declouet,  was  tianslated  by  Da- 
vezac  to  Jackson.  Guichard  was,  therefore,  interrogated 
by  the  Committee  as  to  what  had  passed  between  him 
and  Declouet  on  the  day  preceding  the  28th,  when  De- 
clouet's  apprehensions,  after  that  interview,  had  become 
so  pressing  as  to  induce  him  to  communicate  them  to 
General  Jackson. 

But  before  giving  the  narrative  of  Guichard,  which  is 
of  a  very  striking  nature,  it  is  proper  to  ascertain  who 
this  Colonel  Declouet  was,  who  had  thus  been  made  to 
assume  the  attitude  of  an  accuser,  face  to  face  with  so 
formidable  a  body  as  the  Legislature  of  the  State;  It  is 
not  a  little  singular  that  he  seems  to  have  been  a  favorite 
with  that  same  Iicgislature,  who,  a  short  time  before,  had 
voted  a  stand  of  colors  to  his  regiment,  a  favor  which, 
so  far  as  we  know,  had  been  granted  to  no  other.  Id 
delivering  that  stand  of  colors,  the  Governor  had  ad- 
dressed the  Colonel  in  these  words : 


i/vff  ,  11 

•  '    V    i.  '■.  if 


""■'::^-i,'..     ^ 

■■■■■,, ^'iv< ■:**:?'  " 


-J  •-  ■■.•t.\'-" 


"  In  the  name  and  by  the  authority  of  the  General  Assembly,  I 
have  the  honor  to  present  to  your  regiment  a  stand  of  colors.  They 
will  be  borne  to  you  by  the  Adjutant-General,  and  you  will  be 
pleased  to  receive  them  as  evidence  of  the  highest  eonfi4ence  in 
the  patriotism  »nd  valor  of  yourself  and  your  companions-iu-arms. 
The  regiment  under  your  command  is  pf  icularly  distinguished. 
It  composes  the  first  corps  of  militia  which  Louisiana  furnished  for 
the  service  of  the  great  family,  to  which  she  is  united  by  the  indisso- 
luble ties  of  interest,  affection  anri  gratitude.  The  occasion  which 
called  you  to  the  field  was  tf  the  greatest  importance  to  your 


K  ■ 


:        -^     '  '.    • 


548 


GUICHARD^S  TESTE  lONT.  ♦'- 


[1816, 


re*  ^iy*'. 


^^, 


m- 


-'^',V 


counti*^;  nor  could  the  zeal  and  promptitude  with  which  the  call 
was  met  escape  the  notice  and  approbation  of  your  Government. 
With  these  sentiments  I  commit  this  standard  to  the  p|roteotion  of 
your  regiment." 

This  is,  certainly,  a  flattering  testimonial  by  the 
Legislature  and  by  the  Governor  of  the  State  to  the 
worth  and  importance  of  Colonel  Declouet.  It  will  be 
sufficient  to  add,  that  he  belonged  to  one  of  the  oldest 
and  most  distinguished  families  of  Louisiana,  and  that 
the  Cortimittee  of  Investigation,  although  censuring  him 
with  severity  for  his  groundless  and  extravagant  appre- 
hensions, acknowledged  his  high  social  position  and  his 
unblemii^hed  reputation  as  a  man  of  honor  and  integrity. 

Let  us  now  see  how  Magloire  Guichard  treated  such 
a  man,  if  Guichard's  testimony  is  to  be  received  without 
full  allowance  for  the  ill-concealed  irritation  which  he 
seems  to  have  felt  against  Dectouet  tor  his  disclosures — 
which  irritation  may  have  produced  a  distempered  recol- 
lection of  what  had  passed  between  himself  and  that 
individual. 

On  the  27th  of  December,  in  the  evening,  Guichard 
was  visited  by  Declouet.  "  The  conversation  was  en- 
tirely carried  on  by  him,*'  says  Guichard.  "I  took  very 
little  j>art  in  it,  if  any,  and  I  should  be  much  embar- 
rassed to  tell  what  it  was  about.  About  eight  o'clock  I 
entered  by  bed-chamber,  with  the  intention  of  going  to 
bed.  He  followed  me,  and  said:  "  Wy  do  you  goto 
bed  so  early  ?"  I  replied  that,  being  fatigued,  I  needed 
rest,  and  that  when  he  should  be  ready  to  follow  my  ex- 
ample, he  would  find  his  bed  ready  prepared."  There 
certainly  are  very  few  men  who,  on  receiving  such  an  in- 
timation, would  not  have  retired  and  left  Guichard  to 
himself.  Colonel  Declouet  remained,  however,  observ- 
ing "that  it  was  early  yet,  and  that  they  might  still 
continue  to  talk  a  little  while.'*     "  Very  well,"  replies 


•?i»''>»iv 


•%  mw*^ 


osures — 


1816.] 


OUIOHABDS   TESTmONY. 


549 


Guichard ;  "  don't  mind  wbat  I  do,  and  talk  as  much  as 
you  please."  Upon  this,  he  unceremoniously  undresses 
himself  and  goes  to  bed.  Did  Declouet  cease  the  mon- . 
plogue  with  which  he  h  represented  as  having  bored  his 
friend  since  the  beginning  of  the  evening  ?  No.  "  He 
seated  himself  by  the  fireside,"  says  Guichard,  '*  and 
began  to  talk — on  what — ^I  cannot  recollect.  What  I 
perfectly  recollect  is  that,  as  I  did  not  answer,  he  said  to 
me  once  or  twice :  *  You  sleepy  I  believe.'  *  No,'  I  re- 
plied, '  go  on' — ^but  the  fact  is  that  I  went  to  sleep, 
whilst  he  was  speaking,  without  my  being  able  to  say 
what  he  talked  about,  and  when  he  stopped."  This  time 
Declouet  retires,  not,  however,  to  quit  the  house  in  which 
lie  was  treated  with  so  little  consideration,  but  to  accept 
that  bed  which  Guichard  had  so  pointedly  incited  him 
to  seek.  j 

On  the  next  morning,  at  nine  o'clock,  he  is  called  to 
l)reakfast — during  which,  he  asks  Guichard  why  the 
Legislature  had  not  adjourned.  The  answer  was :  "  I  do 
not  know.  After  all,  there  is  nothing  which  I  should 
like  better ;  for  my  private  affairs  suffer  in  consequence 
of  the  Legislature  continuing  to  sit."  It  is  strange  that 
the  Speaker  of  the  House  of  Representatives  should  not 
have  remembered  that  the  Legislature  had  refused  to 
adjourn  for  reasons  which  had  been  made  public  and  re- 
corded in  their  journal* — and  of  which  one  was:  "That 
accidents  might  happen,  and  unforeseen  cases  might 
occur,  when  the  interference  of  the  Legislature  might  be 
necessary."  To  these  reasons  he  might  have  referred  his 
inquisitive  visitor. 

The  conversation  then,  fell  on  the  invaders  of  the 
country  and  on  the  attack  of  the  23d.  "I  recollect 
perfectly,"  continues  Guichard,  (and  it  wUl  be  ob- 
served that  he  always  recollects  perfectly  what  has  a 

*  See  pp.  402,  403. 


■■:  V-..  S:,    < 


■»•  "*       -^ 


'  ^■^'f"' 


,r.  t*"'. 


•  •.•♦■y»'<i ■-,'.<  i1 


:m 


\*^y. 


'"!'f"'''.-<U  ■''     i 


w.;j'  % 


.■  #..  . 

•  r         a'  .  If  iK> 


2-r    '. 


^' 


550 


GUICHAED's   TESTraONY. 


[1816. 


■'  r. 


|3f"k.:    , 

pm3 


tendency  to  make  Declouet  ah  object  of  ridicule  or  en- 
mity,) "  that  T  expressed  to  him  my  surprise  that  he  had 
not  attacked  them  in  the  rear.*  I  remarked  to  him  that, 
if  he  had  struck  a  blow  at  the  British  with  his  five 
hundred  men  at  the  time  when  our  forces  fi'om  the  city 
were  pressing  them  in  the  opposite  direction,  the  cam- 
paign would  have  been  closed  that  evening,  as  they 
would  have  suiTendered."  This  reproach  must  have 
been  keenly  felt,  for  Declouet,  to  use  Guichard's  words, 
pretended  to  become  so  desperate  as  to  make  a  show  to 
pull  off  his  hair,  and  expressed  great  regret  at  not 
having  been  master  of  his  own  movements  on  that  occa- 
sion. He  had  desired  to  attack,  but  General  Morgan 
had  not  consented ;  he,  however,  and  the  General  had, 
about  midnight,  made  up  their  minds  to  reconnoitre  a 
picket  of  twelve  men  who  fired  at  them  twelve  shots,  to 
which  they  replied  with  precisely  the  same  number  of 
shots.  After  this  exploit  they  had  retired,  and  in  their 
retreat,  General  Morgan,  in  order  to  conduct  it  with 
more  secuiity  aiid  celerity,  had  ordered  his  men  to  vault 
clear  over  the  fences  which  might  be  in  their  way.  In 
so  doing,  the  militia  came  tumbling  upon  each  other  and 
in  such  disorder  that  they  could  all  have  been  routed  or 
taken,  if  they  had  been  pursued  by  a  handful  of  British 
soldiers  who  were  at  a  short  distance.  "  Many  and  deep 
were  his  lamentations,"  says  Guichard,  "  and  they  pro- 
voked my  laughter."  All  these  circumstances,  Guichard, 
who  had  not  noticed  what  Declouet  'had  been  talking 
about  for  hours,  distinctly  remembers,  for  their  bearing 
was  to  excite  the  displeasure  of  General  Morgan  and  of 
his  saltatory  militia,  and  to  bring  Colonel  Declouet  before 
the  public  in  the  light  of  a  buffoon  who  tugged  at  his 

*  Colonel  Declouet  was  under  Qeneral  Morgan  at  the  English  Turn,  and  that 
body  of  militia  had  made,  but  too  late,  an  eflfort  to  operate  a  division  in  fiivoT 
of  General  Jackson,  who  was  attaoltlng  the  enemy  in  front. 


>^^i'i    ^.4»KV 


1816.] 


OaiOHABD  8   TESTIMONY. 


551 


hair  in  mimic  rage.  The  personag<}  who  had  been 
so  burdensome  to  Guichard  had  now  become  amus- 
ing ;  "  but,"  observes  Guichard,  sarcastically,  "  as  one 
grows  weary  of  everjiihing,*  I  left  the  table  to  retire  to 
ray  chamber  and  write.  I  had  opened  my  desk  and 
taken  a  cigar  which  I  was  lighting,  when  he  entered, 
took  a  chair,  sat  by  the  fire,  and,  taking  hold  of  my  arm, 
said  to  me  in  a  friendly  and  mysterious  lone :  *  Tell  me, 
my  friend,  do  you  believe  that  the  British  wish  to  keep 
the  country  for  themselves,  and  that  it  is  in  their  power 
to  do  so  ?  For  my  part,  1  do  not  believe  it.'  *  Nor  I,' 
replied  Guichard.  '  It  is  impossible.'  *  How  is  it  re- 
ported that  they  treat  the  inhabitants  below  V  added  he. 
*  Do  they  commit  depredations  ?'  *  It  is  said  that  they 
do  not,'  answered  Guichard.  *  Besides,  they  are  too 
politic  not  to  use  moderation.  It  has  always  been  a  part 
of  their  tactics  to  present  themselves  as  fiiends  and  pro- 
tectors wherever  they  go.' " 

Guichard's  memory,  which  had  been  oblivious  of  so 
much  of  Declouet's  insignificant  and  tiresome  conversa- 
tion, now  revives,  and  he  is  put  in  mind  that  his  insup- 
portable guest  had.  said :  "  I  do  not  believe  that  the 
British  will  do  any  harm.  We  do  worse  than  they  do  ; 
for  our  militia  will  plunder ;  they  steal  all  the  cows  ; 
the  planters  complain  of  it."  If  Declouet  held  such 
language,  it  is  impossible  to  reconcile  it  with  those  ex- 
treme apprehensions  which  drove  him  into  the  imprudent 
position  which  he  took  the  next  day,  and  which  had  in- 
duced him  to  be  so  nervously  inquisitive,  on  his  visit  to 
Guichard,  about  the  supposed  intention  of  the  Legislature 
to  capitulate.  Be  it  as  it  may,  Guichard's  mind  again 
loses  suddenly  its  retentive  faculties  and  forgets  the  rest  of 
Declouet's  remarks.  -Probably  they  were  not  of  a  nature 
to  expose  that  gentleman  to  any  resentment.    "But  I 

*  Mais  comme  on  e'ennuie  de  tout. 


•    ■•(.■*i;.:,'i„,.  Jfl 

•:;>•■«>,-••■■'■•.■,.;•  •;] 

-■'  .  i  Ml  S.-S'    I  I 


'''"■■.€• 


*'  .■■-S-'-j"'.'-     ■'" 


■■*"..■'•■■■■ 


•■'>- 


553 


OUIClI.*>KD'8   TE8TIM0NT. 


[181 5. 


L'-^'r 


remem}>f^r,"  sweara  Guichaid,  "  hie  concluding  ohncrva- 
tion  to  bs  fchat,  should  the  British  take  the  countiy,  and 
should  the  Americans  retake  it,  he  would  be  crushed." 
These  scraps  of  recollection  which  rise  up,  by  fits  and 
starts,  from  Guichard's  vast  fount  of  oblivion,  are  so 
evidently  impregnated  with  venom,  that  we  cannot  but 
receive  them  with  some  degree  of  caution.  We  almost 
yield  to  the  suspicion  that  their  object  was  to  turn  the 
tables  upon  Declouet.  "Tell  me  frankly,"  continues 
Declouet,  "  what  you  think  would  happen,  if  the  British 
succeed  ?"  "  I  think,"  replied  Guichard, "  that  the  country 
would  be  ruined."  "  He  believes,"  he  added,  *^  that 
he  had  good  reasons  to  know  them,  as  they  had  once 
been  the  cause  of  his  losing  all  he  had."  * 

Here  Guichard  attempts  again  to  get  rid  of  Colonel 
Declouet,  as  he  had  attempted  more  than  once  before, 
and  betakes  himself  to  his  desk.  The  imperturbable  De- 
clouet, nothing  abashed,  takes  his  stand  before  the  fire- 
place, and  for  the  second  time  asks  Guichard  why  the 
Legislature  does  not  adjourn  ?  "  I  have  ali-eady  told 
you,"  replies  Guichard,  '*  that  I  do  not  know,  and  that  I 
could  not  know  the  opinion  of  all  the  members  who  com- 
pose it.  Why,  and  always  why !  And  why  (since  you 
are  so  fond  of  why)  did  you  not  co-operate  in  repulsing 
tjie  enemy  on  the  evening  of  the  first  attack  ?  You 
would  have  added  to  the  glory  of  the  American  arms ; 
instead  of  which,  you  have  left  the  inhabitants  of  the 
country  exposed  to  be  sacrificed."  Why  such  a  question 
should  have  been  so  unpalatable  to  Guichard,  why  it 
should  have  produced  such  an  ebullition  of  temper,  re- 
mains to  be  explained.  "  At  this  point  of  the  interview 
there  was  a  pause,"  obser\'e8  Guichard ;  and  well  might 
there  be  a  pause  ;  for  it  is  incredible  that  Guichard's  de- 

*  Guichard  was  a  native  of  France,  or  of  St.  Domingo,  where  he  is  said  to 
hav6  been  mined  by  the  effects  of  British  influence  on  the  negroes. 


1815.] 


ouichard's  testimony. 


3r>3 


portmeat  Lad  not  compelled  Declouet,  to  put  an  end 
to  his  viwit  long  before.  But  it  seems  that  there  was 
merely  a  "  pause,"  during  which  Declouet,  who  may  be 
supposed  to  have  been  stunned,  probably  took  breath. 
"  The  why  came  back  again,"  says  Guichard :"  "  Wliy 
those  nocturnal  meetings '<  Wir  lu^  seci'et  sessions  ?" 
Guichard  does  not  answer,  but  ;;^rng?  up  his  shoulders. 
"Why,  when  the  Governor  v.r^bed  you  to  adjourn,  did 
ou  not  comply  with  his  request?  Tell  me  what  it 
.neans.  There  must  be  something  in  it.  Why  did  you 
give  no  answer  to  his  message  ?"  "  You  are  insane,  I 
believe,"  exclaims  Guichard,  with  what  he  takes  care  to 
call  "  an  air  of  contemptuous  Gommlserationy  *  "  Is  the 
Legislature  the  creation  of  the  Governor,  and  to  obey  his 
whims  ?  Finally,  all  these  whys  weary  and  displease 
me."  Colonel  Declouet,  whose  openly  professed  friendship 
for  Guichard  must  be  supposed  to  be  the  cause  which 
prevented  him  from  taking  offence  at  these  repeated  acia 
of  rudeness,  meets  this  unkind  retort  with  these  depre- 
cating words :  "  What  I  say  does  not  apply  to  you ;  for 
nobody  renders  more  justice  to  your  character,  and  loves 
you  more  than  I  do.  But  there  are  in  that  Legislature 
so  many  intriguers,  who  would  like  to  usurp  authoritj , 
or  set  the  country  topsy-turvy,  that  I  have  my  misgiv- 
ings. The  Legislature  can  have  no  reason  for  not  ad- 
journing, and  cannot  but  have  suspicious  intentions 
when  refusing  to  do  so.  It  is  I  who  tell  you  so."  "  On 
hearing  this  remark,"  relates  Guichard,  "  I  left  my  desk 
abruptly,t  and  said  with  bad-humor  to  Declouet :  "  You 
will  always  be  the  same ;  you  never  will  part  with  your 
suspicions ;"  and  borrowing  his  own  manner  and  tone 
when  making  his  last  remark,  I  said  that  the  Legislatuie 


•  >■■.  "T*' 
t     '.V   ■?■*•*  "   'I 

'>.'":■■'' 

It 

<?»*'•      ..     ■  1 

*.:   ••  .r,;,  ^,.     ;1 
•       '  '.'■.:>  '■  1 1 

■■.  ..    v--'^^'  i 

*.' "     >''     ••  '.   i  1 

■  !*-:V  '>-■■  \\ 


:p^l^iy 


he  is  said  to 


»  D'un  air  de  piti6. 

f  A  ce  propos,  je  qtiittai  mon  bureau  avec  viTftcitS,  et  dis  avec  humeur  k  M. 
Declouet,  etc.  <v«..no^  ,jr.v;.' <  1.,:^,- 


■h.  f':  .  ■■  .; 


^  vr  1^. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


1.1 


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1^   12.2 


m  u&  12.0 

^  MSB 


11.25  ■  1.4 


I 


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HiotogFaphic 

Sciences 

Corporation 


^ 


^ 


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^\ 


^. 


13  VMBT  MAM  tTRHT 

«VIUTH,N.Y.  I4SM 

(71«)I72-4S03 


4^ 


^ 


554 


guichard's  testimont. 


[1816. 


WW' 

m 


lS?i 


W^' 


f^' 

S^' 

^^. 


1  s 


was  to  be  the  people's  sentinel,  and  should  be  ready  in 
these  critical  times  to  take  such  measures  as  the  calami- 
ties of  the  war  and  other  circumstances  might  render 
necessaiy.  But,  I  added,  to  cut  the  matter  short,  let 
us  break  off  here."  Not  contenting  himself  with  thus 
closing  the  door  to  further  conversation,  Guichard  went 
back  to  his  desk,  as  he  declares,  took  his  hat,  and  left 
his  bed-chamber  to  the  sole  possession  of  Declouet. 

It  results  from  this  circumstantial  narrative  made  by 
Guichard,  that  he  denies  the  language  attributed  to  him 
by  Declouet.  Which  spoke  the  truth?  Without  de- 
ciding this  question,  it  is  evident  that  the  interview, 
even  admitting  it  to  have  been  as  Guichard  represents 
it  in  nil  its  details,  increased  instead  of  allaying  Declou- 
et's  apprehensions,  and  induced  him  to  communicate 
them  to  General  Jackson.  The  testimony  of  Guichard. 
closed  the  evidence  which  was  laid  before  the  Joint  Com- 
mittee of  Investigation,  who,  in  their  Report,  dec]ared,  as 
the  conclusions  they  had  come  to,  that  there  had  not  c 
existed  the  slightest  cause  for  the  measure  which  had 
been  taken  against  the  Legislature ;  that  military  orders 
had  been  issued  to  close  their  doors  without  the  faint- 
est proof  establishing  any  guilt  on  their  part ;  finally, 
that  so  violent  a  proceeding  had  been  resorted  to  with  f 
little  foundation ;  that  Abner  Duncan  had  perverted  the 
orders  he  had  received,  and  had  been  the  sole  cause  of 
the  incredible  and  unprecedented  outrage  which  had 
been  committed ;  that,  as  to  the  message  sent  by  Jack- 
son to  Claiborne,  "  it  had  been  dictated  by  pradence 
itself;  that  a  Republican,  a  military,  man,  who  finds 
himself  at  the  head  of  an  army,  in  the  nnidst  of  a  battle 
on  which  depends  perhaps  the  fate  of  the  country  whose 
defences  had  been  intrusted  to  him,  and  who  re- 
ceives such  information  as  was  conveyed  to  him  by  Mr. 
Duncan,  could  not  have  held  a  language  more  discreet. 


1816.] 


TIIE   COMMITTEE  OF  DfVESTIGATION. 


555 


nor  more  characteristic  of  his  Jove  for  his  country ;  that 
the  conduct  of  Declouet  had  been  extravagant,  and  his 
declarations  flill  of  inconsistencies,  contradictions  and 
absurdities;  that  he  had  yielded  to  chimerical  appre- 
hensions, and  to  that  miserable  mania  which  some  peo« 
pie  have  of  seeking  to  make  themselves  important  near 
those  who  are  in  power,  of  pretending  to  penetrate  into 
the  minds  of  men  and  envenomingj^their  words ;  that 
Governor  Claiborne  ha^d  sent  no  message  to  General 
Jackson  in  relation  to  any  intended  capitulation  on  the 
part  of  the  Legislature ;  that,  if  the  order  he  had  received 
had  emanated  from  the  General,  nothing  ought  to  have  in- 
duced him  to  execute  them ;  that  the  Committee  had  seen 
with  extreme  surprise  the  course  pursued  by  him ;  that 
his  paramount  duties  were  those  he  had  assumed  toward 
the  State  and  her  Constitution ;  and  that  it  was  evident 
that  he  could  not  obey  those  orders  without  violating 
the  oath  he  had  taken  to  support  that  Constitution. 
This  Report  was  presented  and  unanimously  adopted  on 
the  6th  of  February. 

On  the  same  day,  Governor  Claiborne  transmitted  to 
the  Legislature  the  following  letter,  which  he  had  re- 
ceived from  General  Jackson  :* 

"  Sir  :  The  Legislature  of  our  State  being  on  the  eve  of  closing 
their  labors,  it  is  necessary,  as  much  for  the  honor  of  the  members 
of  that  body,  as  for  the  interest  of  those  whose  defence  is  intrust- 
ed to  mc,  that  I  should  take  cognizance  of  the  different  testimo- 
nies and  other  documents  which  have  been  collected  by  the  Com- 
mittee instructed  to  investigate  the  causes  of  proceedings,  which, 
on  the  28th  of  December,  had  a  tendency  to  produce  an  accusation 
of  treason  against  that  body.  If  so  grave  an  accusation  has  been 
unjustly  brought  by  any  one  of  the  officers  x>f  my  army,  he  must 
be  immediately  prosecuted,  and  the  innocence  of  every  member 
of  the  Assembly  whom  he  has  so  shamefully  calumniated  must  be 

*  Having  failed  to  proctire  the  original  in  English,  I  am  again  oompeUer]!  to 
retranslate  firom  a  French  translation. 


■•<:y-.<i>--      '■ 

■  ■^'HMl^im 

■^ftm^  11 

■.■.-;i'v-'''-''  ■  •■I 

--H.^T'  ',■■»  if 
■A/*  •(»,/•■■    ■ 

'.  -•^.  ..  ■•■*'.■:  •' 


•    -'  ■»■,'-■,■-  '■''"■* 


556 


NO  THANKS   VOTED  TO  JACKSON. 


[18l5. 


m. 


im-". 


li 


ift- 


m.' 


m 


.■v'; 
V 


made  public.     On  the  other  hand,  if  this  denunciation  can  be 
juatijied  by  proofs  against  such  of  the  members  as  it  may  concern, 
it  is  equally  necessary  that  they  should  be  prosecuted  without  de- ' 
lay,  in  order  that  the  guilty  may  be  punished  and  the  innocent  > 
sheltered  against  any  suspicion.    Were  it  possible  for  me  to  obtain  • 
all  that  part  of  the  proceedings  of  the  General  Assembly  which 
relates  to  this  matter,  I  might  perhaps  cease  to  find  myself  under 
the  necessity  of  making  an  inquest  which  now  seems  to  me  ex- 
ceedingly important." 

The  Le'T^islature  immediately  voted  that  a  copy  of  this ., 
Report,  and  of  the  documents  annexed  to  it  be  trans- 
mitted to  General  Jackson  by  the  Secretary  of  the 
Senate,  and  adjourned  sine  die.    It  does  not  appear  that,, 
after  receiving  that  copy.  General  Jackson  thought  it 
advisable  to  take  further  action  in  the  matter. 

That  adjournment  had  not  taken  place  without  voting 
thanks  to  all  those  who  had  in  the  slightest  degree  con- 
tributed to  the  defence  of  the  State,  except  General 
Jackson.  A  Resolution  to  pres^^t  him  with  a  sabre  of 
the  value  of  $800,  as  a  testimonial  of  gratitude  on  the 
part  of  the  State,  had  passed  the  House  of  Representa- 
tives, but  had  been  rejected  by  the  Senate.  Yet  that 
very  same  Legislature  had,  on  the  Ist  of  December, 
1814,  voted  thanks  to  General  Jacksoii  for  the  "great 
and  important  services "  .  h  he  had  rendered  out  of 
the  State !  His  subsoqueuo  services  in  the  State,  which 
were  incomparably  greater  and  more  important,  they 
chose  to  pass  over  in  ailejicel  We  had  adopted  the 
popular  impresaion  that  this  remarkable  silence  had  been 
observed  by  the  Legislature  in  consequence  of  the  offen- 
sive orders  issued  against  that  body  on  the  28th  of  De- 
cember, but  on  examination  we  soon  discovered  our 
error;  for  instead  of  being  blamed,  he  was,  as  we  have 
shown,  unanimously  praised  and  approved  for  the  mes- 
sage which  he  had  sent  to  Claiborne  on  that  occasion.* 

*  See  page  S64. 

t  . 


'IP-:  t 


1816.] 


GENERAL   COFFEE  TO  THE   LEGISLATURE. 


557 


Why,  therefore,  was  tlie  name  of  the  savior  of  Louis 
iana  so  strikingly  omitted  in  those  resolutions  of  thanks 
which  embraced  the  names  of  Generals  Coffee,  Carroll, 
Thomas,  Adair,  and  others  much  less  conspicuous  than 
the  Commander-in-Chief?  We  cannot  but  teel  that  it  is 
a  curious  subject  of  inquiry.  General  Coffee,  in  his 
reply,  took  notice  of  that  glaring  omission : 

"  To  know,"  he  said, "  that  we  have  contribnted  in  any  degree  to  the 
preservation  of  our  country,  is  to  myself  anA  the  brave  men  under 
my  immediate  command  a  source  of  the  most  pleasing  reflection. 
To  have  received  so  flattering  and  distinguished  a  testimonial  of 
our  services  adds  to  the  pleasui'e  which  that  consciousness  alone 
would  have  afibrded. 

"While  we  indulge  the  pleasing  emotions  that  are  thus  pro- 
duced, we  should  be  guilty  of  great  injustice,  as  well  to  merit*fls 
to  our  own  feelings,  if  we  withheld  from  the  Commander-in-Chief, 
to  whose  wisdom  and  exertions  we  are  so  much  indebted  for  our 
success,  the  expression  of  our  highest  admiration  and  applause. 
To  his  firmness,  his  skill,  his  gallantry,  to  that  confidence  and  una- 
nimity among  all  ranks  produced  by  those  qualities,  we  must 
Cii!efly  ascribe  the  splendid  victories  in  which  we  esteem  it  a 
happiness  and  an  honor  to  have  borne  a  part.'' 

This  was  an  indirect  but  keen  rebuke.  We  cannot 
but  think  that  it  would  have  better  comported  with  the 
dignity  of  the  Legislature  to  have  shown  a  proper  sense 
of  the  services  of  General  Jackson,  and,  at  the  same 
time,  expressed  the  censure  or  disapprobation  which 
they  might  have  thought  that  any  of  his  ents  deserved. 
As  it  is,  we  are  left  to  our  conjectures.  Can  it  be  per- 
mitted to  suppose  that,  whilst  they  solemnly  acquitted 
him  of  all  blame,  and  even  lauded  him  for  the  propriety 
of  hid  message  to  Claiborne  on  the  28th,  they  secretly 
nourished  feelings  of  resentment  ?  Was  it  because  they 
beliovedthat  the  General  had  not  sufficiently  appreciated 
the  zeal  of  the  Louisianians  in  the  defence  of  their 
country  ?  The  pages  of  this  History  establish  that  his 
heart  was  ftill  of  gratitude  for  their  patriotic  coK)pera- 


»  '  /-  :;  ■  ■■»'  " 

••:-'y*-  t^  ■ 
;    •  »  -^'  I.-, 

■■'-    f  .  ;  ■•  •<  ■ 


:..:■■*■  •■ 


;  1 


',<:»-. 


i'f 


m 
■^f^ 


It 


Ji*» 


i 


m: 


^i 


558         JACKSON  TO  THE  MAYOB  OP  NEW  OBLEANB.        [1816. 

tioQ  in  every  possible  way,  and  that  he  had  expressed 
it  in  energetic  and  beautiful  language  in  more  than  one 
ofScial  document.  Even  a  few  days  before  the  adjourn- 
ment of  the  Legislature  he  had  written,  on  the  27th  of 
January,  to  Nicolas  Girod,  the  Mayor  of  NeW  Orleans, 
the  following  letter,  which  ought  to  have  removed  any 
such  impression,  if  it  had  ever  existed  in  the  mind  of 
anybody:  y^ 

"  Sib  :  Deeply  impressed  since  my  arrival  with  the  unanimity  and 
patriotic  zeal  displayed  by  the  citizens  over  whom  you  so  worthily 
preside,  I  should  be  inexcusable  if  any  other  occupation  than  that 
of  providing  for  their  defence  had  prevented  my  public  acknowl- 
edgments of  their  merits.  I  pray  you  now  to  communicate  to  the 
inhabitants  of  your  respectable  city  the  exalted  sense  I  entertain 
of  their  patriotism,  love  of  order,  ana  attachment  to  the  prhiciplcs 
of  our  excellent  Constitution.  The  courage  they  have  shown  in  a 
period  of  no  common  danger,  and  the  fortitude  with  which  they 
have  rejected  all  the  apprehensions  which  the  Vicinity  of  the  enemy 
was  calculated  to  produce,  were  not  more  to  be  admired  than  their 
humane  attention  to  our  own  sick  anH  wounded,  as  well  as  those 
of  that  description  among  the  prisoners.  The  liborality  with  which 
their  representatives  in  the  City  Council  provided  for  the  families  of 
those  who  were  in  the  field  evinced  an  enlightened  humanity,  and 
was  productive  of  the  most  beneficial  effects.  Seldom  in  any  com- 
munity has  so  much  cause  been  given  for  deserved  praise ;  while  the 
young  were  in  the  field  and  arrested  the  progress  of  the  foe,  the 
aged  watched  over  the  city,  and  maintained  its  internal  peace ;  and 
even  the  softer  sex  encouraged  their  husbands  and  brothers  to  re- 
main at  the  post  of  danger  and  duty.  Not  content  with  exerting 
for  the  noblest  purpose  that  powerfol  influence  which  is  given  them 
by  natute  (and  which  in  your  country  women  is  rendered  irresisti- 
ble by  accomplishments  and  beauty),  they  showed  themselves  capa- 
ble of  higher  efforts,  and,  actuated  by  humanity  and  patriotism, 
they  clothed  by  their  own  labor,  and  protected  ftom  the  inclemency 
of  the  season,  the  men  who  had  marched  from  a  distant  State  to 
guard  them  from  insults.  In  the  name  of  those  brave  men,.!  beg 
yon.  Sir,  to  convey  to  .them  the  tribute  of  our  admiration  and 
thanks ;  assure  them  that  the  distant  wives  and  daughters  of  those 
whom  they  have  succored  will  reme'mber  them  in  their  prayers ; 
and  that,  for  myself,  no  circumstance  of  this  important  campaign 


^^^! 


1818.] 


EEl'LBCnOiifl. 


559 


-.  touches  me  with  more  exauisite  pleasure  than  that  I  have  been  ena- 
krbled  to  lead  back  to  them^  with  so  few  exceptions,  the  husbands, 
brothers,  and   other  relatives  of  whom  such  women  only  are 
worthy. 

"  I  anticipate,  Sir,  with  great  satisfaction,  the  pcbnod  when  the 
final  departure  of  the  enemy  will  enable  you  to  resume  the  ordina- 
ry functions  of  your  office,  and  restore  the  citizens  \o  their  usual 
occupations — they  have  merited  the  blessings  of  peace  by  bra/ely 
facing  the  dangers  of  war. 

"I  should  be  ungrateful  or  insensibfe,  if  I  did  not  acknowledge 
the  marks  of  confidence  and  affectionate  a;ttachment  with  which  I 
have  personally  been  honored  by  your  citizens;  a  confidence  which 
has  enabled  me  with  greater  success  to  direct  the  measures  for  their 
defence;  an  attachment  which  I  sincerely  reciprocate,  and  which  I 
shall  carry  with  me  to  the  grave. 

"  For  yourself,  Mr.  Mayor,  I  pray  you  to  accept  ray  thank|  for 
the  very  great  zeal,  integrity,  and  diligence  with  which  you  nave 
conducted  the  arduous  department  of  the  police  committed  to  your 
care,  and  the  promptitude  with  which  ev  >ry  requisition  for  the  pub- 
lic service  has  been  carried  into  effect. 

'*  Connected  with  the  United  States,  your  city  must  become  the 
greatest  emporium  of  commerce  that  the  world  has  known.  In 
the  hands  of  any  other  power  it  can  be  nothing  but  a  wretched 
colony.  May  your  citizens  always  be  as  sensible  of  this  great 
truth  as  they  \ave  shown  themselves  at  present ;  may  they  always 
make  equal  efforts  to  preserve  this  important  connection,  and  may 
you.  Sir,  long  live  to  witness  the  prosperity,  wealth  and  happiness 
that  will  then  inevitably  characterize  the  great  sea-port  of  the 
Western  world." 

Certainly,  this  eloquent  tribute  to  the  merits  of  the 
citizens  of  New  Orieans  must  have  more  than  surpassed 
the  expectations  of  the  most  exacting.  To  some  other 
cause,  therefore^  than  the  want  of  a  just  appreciation  of 
the  Louisianians  on  the  part  of  General  Jackson,  must 
the  feelings  of  the  Legisl&ure  against  him  he  attributed. 
Can  such  deep  resentment  have  been  produced  by  so 
trifling  a  cause  as  General  Jackson^s  answer  to  a  com- 
munication by  Claiborne  iH  relation  to  the  discharge  of 
some  of  the  militia  from  military  duty  ?    "  Applications 


-mi 


'  '^;  '-C;  M. 


V*:t:.':« 


.^t'Vv-.'  il 


.'jt^.'.'ivaK.  .J 


e-  1 


n 


'•■■•*"■  >'A  y '■ 

■  ;■;  y*-  -t-  ■ 

■  '*,•'.'■  '*  •; 
■'■".!>■..■■••': 
,  ■...■«•/.'''• 

.^■^.■'^■':  ■  ,, 

■  ■  >'^>^/?.;: 

• '-A ';■■■  M ..«  :  ■ 
-•■'■■     *.•;■ 


1 
< 

: .  f 
•■*■ 


■'li;-:.;;^,:'-;.:-' 


H 


.       ,^ 


660 


REFLECTIONS. 


[1815. 


PI;- 


i^HI 

HBw^ 

^^BJ 

B|p.v 

mU 

K:, 

^^HH 

Mpgr^'p 

am 

K 

m 

p 

H 

w 

9 

i 

^^9 

^^p 

iH^H 

Ip|kj^ 

being  hourly  addrassed  to  me,"  wrote  Olaihorne  to  Jack- 
son on  the  Slst  of  Januar}',  "  by  the  militia  officers  of 
the  State  to  learn  the  disposition  to  be  made  of  the 
various  detachments  now  at  this  place,  and  finding  a 
wish  very,  general  on  the  part  of  the  citizens  to  return 
to  their  respective  homos,  I  take  the  liberty  to  ask 
whether,  in  your  judgment,  the  services  ol"  the  whole,  or 
what  parf  of  the  militia  of  the  State  now  in  the  service 
of  the  United  States,  can  be  dispensed  with,  and  at  what 
period."  Major  Butler  answered  in  the  name  of  Jack- 
"  The*  Major-General  requests  me  to  announce  to 


son 

you  that,  as  long  as  the  enemy  shall  be  within  six  hours' 
sail  of  New  Orleans,  no  part  of  the  militia  shall  be  dis- 
missed ;  and  that  they  should  not  apply  for  it  under  such 
circumstances."  This  correspondence  was,  on  the  same 
day,  laid  before  the  Legislature  by  Claiborne,  but  we  do 
not  feel  justified  in  looking  to  this  re^sal  for  the  explana- 
tion which  we  desire,  as  the  eifeot  would  be  too  dispro- 
portionate to  the  cause ;  and  yet  we  do  not  find  anything 
else  on  record  to  which  we  might  turn  for  a  solution  of 
the  difficulty.  In  the  absence  of  any  positive  evidence, 
we  shall  resort,  as  we  have  already  said,  to  conjectures 
founded  on  what  we  believe  to  be  logical  and  impartial 
deductions. 

We  have  seen,  in  the  course  of  this  History,  that  there 
had  been  no  harmonious  concert  of  action  between  the 
Governor  and  the  Legislature,  and  that  this  officer,  even 
before  Jackson  had  set  his  foot  on  the  soil  of  Louisiana, 
had,  in  his  correspondence  with  him,  used  language 
which  showed  his  apprehensions  that  the  Legislature 
would  do  more  harm  than  got)d  during  the  impending 
crisis.  For  this  reason,  perhaps,  if  not  for  others,  Jack- 
son and  Claiborne,  as  soon  as  Louisiana  had  been  actually 
invaded,  had  desired  the  adjournment  of  that  body. 

*  A  retranslatlon  from  a  French  tianslation. 


[1815. 

>  Jack- 
sers  of 
of  the 
3ing  a 
return 
to  ask 
lole,  or 
service 
t  what 
■  Jack- 
mce  to 
:  hours' 
be  dis- 
er  sucli 
le  same 
t  we  do 
xplana- 
dispro- 
lything 
ion  of 
idence, 
ectnres 
pai*tial 


1818.] 


REFLECTIONS. 


501 


Besides,  it  was  thought  both  by  Jackson  and  Claiborne 
that  the  enemy  being  within  six  miles  of  the  capital,  the 
presence  of  the  members  of  the  General  Assembly  would 
be  more  useful  in  the  field  in  front  of  the  invaders  than 
in  the  halls  of  legislation.  Such  had  been  the  opinion 
of  several  of  the  members  themselves,  who  had  left  their 
seats  and  had  repaired  to  the  camp  of  General  Jackson. 
The  majority,  however,  had  decided  otherwise,  and  soon 
discovered  that  their  decision  had  been  disapproved,  not 
only  by  the  Chief  Magistrate  of  ^e  State,  not  only  by 
the  Federal  Coaimander-in-Chief,  to  whom  their  defence 
had  been  intrusted,  but  also  by  a  considerable  portion 
of  the  public  and  of  the  army.  It  is  not  in  the  nature 
of  man  to  feel  amiably  toward  those  by  whom  he  sus- 
pects that  he  is  censured.  Hince  a  degree  of  restive 
sensitiveness  on.  the  part  of  some  of  thera,  as  strikingly 
evinced  in  the  interview  between  Ouichard  and  Declouet, 
when  the  propriety  of  their  motives  for  not  adjourning 
seemed  to  be  questioned.  It  must  be  recollected  that 
one  of  their  reasons*  for^eontinuing  in  session  was,  ^'that 
contingencies  might  happon  and  unfofeseen  cases  might 
occur,  when  the  interference  of  th<5  Legislature  might  be 
necessary.^  Ooald  it  be  a  matte^  :  f  astonishment,  had 
those  who  were  dissatisfied  with  the  refusal  of  the  Legis- 
lature to  ac^ourn,  whispered  that  there  was  some  definite 
and  dark  purpose  ooncdaled  under  the  vague  meaning  of 
these  words  {  Martial  law  had  been  proclaimed ;  the 
guns  of  the  enemy  were  thundering  at  the  gales  of  the 
besieged  city.  What  could  be  those  "  contingencies,'* 
what  could  b«  tbeie  ^'  unforeseen  c$amf^  whicb  m^ht  re- 
quire the  ^'  intorferenoe^  of  the  Ligiskitare  t  &terfefeaoe 
in  what  ?  interference  with  whom  in  such  mtical  times  ? 
Was  m3^.9Pr&^hmgio.  €b»  hands  <^  ii^e  Cf6niniaii^e|^in- 
Chieft    Hesee  nnfiomnded  suspicions  may  have  arisen; 

Bee  page  402. 

m 


1 -^' '■■<»*►' 


iV* 


-^,.  :)l 


'■■'•      '  if'* 

.  •'l*;-4-r.    'I 


r •■•;.'/'';  } 
■ '  •    '.    . ' 

•••,'„■.•    i 

■  :\:7*'  ■  * 
-,.•■'..  V,. ^ 


'■'.?• 


■     /  ■v'.- 


J    -V    ■. 


562 


'.    REFLECTIONS. 


[1815. 


^*«^? 


I 


■  \ 


y 


they  may  have  been  expressed,  or  guessed  at ;  and  the 
conseqaonce  was  some  soreness  on  the  part  of  the  Legis- 
lature, who  thought  themselves  unjustly  treated.  Such 
was  the  state  of  things  when,  on  the  28d,  during  the 
battle,  or  shortly  before,  it  was  reported  that  General 
Jackson,  if  defeated,  would  destroy  the  city.  It  created 
great  consternation;*  the  lamentations  were  loud;  the 
censure  of  General  Jackson^s  defensive  measures  was  un- 
sparing ;  the  doubts  as  to  his  capacity  for  command  were 
not  concealed ;  and  the  cry  that  he  was  conducting  war 
after  the  Russian  or  Barbarian  fashion  was  raised.  Ap- 
plication was  made  to  Major  Butler,  who  had  been  left 
in  command  of  the  city,  to  know  the  truth  of  the  report ; 
he  refused  to  admit  or  to  deny  it ;  this  increased  the 
alarm.  It  is  not  unnatifiral  to  imagine  that  some  of  the 
members  of  the  L^slature,  witnessing  the  terror  of 
many  of  their  constituents,  and  perhaps  trembling  for 
the  safety  of  their  families  a^d  property  in  the  midst  of 
a  general  conflagration,  may  have  blamed  the  supposed 
determination  of  General  Jaoksin,  and  that  their  expres- 
sions of  censure  or  dissent  may  have  been  spread  among 
the  public  in  a  distorted  sense,  and  reported  with  exag- 
gerations to  General  Jackson,  engendering' feelings  of  an 
unpleasant  nature.  We  fancy  that  we  can  trace  up  to 
the  refiisol  to  adjourn  and  to  the  report  that  the  city 
was  to  be  destroyed  in  case  of  a  disaster  to  the  Ammcan 
arms,  the  origin  of  the  mutual  distrust  Itnd  estrangement 
which  sprang  up  between  General  Jackson  and  the 
LegislatuTe. 

ii  a  letter  written  nine  years  after^  on  the  22d  of 
Mar^  lfi24,  Graeml  Jackson  said  : 


ii 


len  i  left  the  .Qity  and  mftrohcicl  agaixuil^  the  enemy  on  the 
nigkt  of  the  2dd  of  December,  1814, 1  was  ot^ll^  to  leave  one  of 
my  aicto  m  command,  having  no  other  confideMal  off  6^  that  conld 


Ifllft.] 


RKIPWirn   TO  JACKSON. 


568 


be  flpand  fVom  oommand.  A  few  dayn  after,  Mr.  lUipwith,  in  per* 
Mon,  applied  to  my  Aid  to  be  informed  what  would  be  mj  eonduct, 
if  driven  from  my  lines  of  defence,  and  compelled  to  retreat  through 
New  Orleanih— whether  I  would  leave  the  attppliefl  for  the  enemy 
ur  destroy  them  ?  As  reported  by  my  Aid  to  me,  he  wanted  thin 
information  for  the  Asiembly,  that,  in  case  my  intention  was  to 
destroy  them,  they  might  make  temm  with  the  enemy.  Obtaining 
no  satisfaction  from  my  Aid,  a  Committee  of  three  waited  on  me  for 
Hatisfkotion  on  this  snbjeet  To  them  I  re|^ed :  '  If  I  thought  the 
hair  of  my  head  knew  my  thoughts,  I  would  out  it  off  or  burn  it' — 
to  return  to  their  honorablo  body,  and  to  say  to  them  from  me,  that 
if  I  was  to  be  so  unfortunate  as  to  be  driven  from  the  Hnea  I  then 
occupied,  and  compelled  to  retreat  through  New  Orleans,  they 
would  have  a  warm  session  of  it." 

Skipwith,  who  was  Preeident  of  the  Senate  in  1816, 
noticed  these  charges  by  pub^shing  the  following  ad- 
dress to  General  Jackson : 

"  It  was  on  one  of  the  nights  about  the  time  alluded  to  by  Major 
Butler,  that,  returning  from  patrol  duty  from  the  grand  round  of 

the  city,  in  passing,  and  seeing  lights  in  the  house  of  Mrs.  F , 

an  old  and  much  respeotedg^acquaintance  of  mine,  and  n  great  ad- 
mirer of  yours,  I  called  in  to  pay  her  my  respeota,  and  found  with 

her  another  very  interesting  lady,  Mrs.  E ,  who,  in  the  course 

()f  her  conversation,  mentioned  a  report,  as  circulated  In  the  city, 
and  I  think  she  said,  by  some  Kent«<ddanB  just  from  yonr  lines  of 
de&noe,  that,  tf  ^rced,  yon  would  destroy  rather  than  see  the  city 
fall  into  the  hands  of  the  enemy.  A  day  or  two  after,  at  the  request 
of  the  military  council  of  the  City  Guard,  of  which  I  was  a  member, 
I  waited  on  Major  Butler  concerning  a  citizen  under  arrest,  and 
not  directly  or  indirectly  charged  with  anything  eonceming  that 
report }  and  being  asked  by  him, '  if  there  wm  wiything  new  in  the 
city,'  I  remember  replying  ihaA  such  was  the  report  *  among  wo- 
men.' Conscious,  General,  of  having,  through  life,  treated  the 
names  and  characters  of  maarried  ladies  witll  the  most  (wrapulons 
caution  and  respect^  I  cannot  b«Heve  that  I- menfeioned  the  names 
of  the  two  llMliea,  betweoa  whom!  heard  the  reptet;  and  never 
having,  at  any  tinie,^  attat&ed  to  it  myself  eiAwr  belief  or  import- 
ance, I  cooUl  not  have  made  it  a  sul^jeet  of  serious  oommnmcaition 
to  the  Senate,  to  the  Ifilitary  Council,  6r  to  any  nUly*iber  of  them, 
individually.    I  am  willing,  therefore,  to  rest  the  truth  of  my  as- 


,  '  *■,-.•  .  . 


w 


■t''-:i' 


'J' 


mt 


TIItBODAUX   TO   BKITWITII. 


[IBM. 


iS. 


^^^^^H^BjR'')». 

^^^HH^tt^/ 

^^^H^^JH^JI^P'ft^  k* 

^^^^HUHr^i-k 

^^H^HKf*' 

umipg^.' 

HM|||f^' 

^B^nfB^^'^ 

HUB^^^^^uo' '' ' 

iHl^^lmSll ' 

w^^^^^^BEw^'  '*■ 

HHB^^^i 

^^e^^N^i' ''' 

l^^mw'^''' 

HugMH^iUtfiu^ ; 

9u!sIknHh9^v^  '' ' 

R^l^iit'^'*' 

T^jSBiHK^TOffi'^' '' " 

StBiSww^ TA^^**    ^ 

Hjj'iwmWH 

3B(^^IB^%lit.  4 ' 

w^^w^y 

nv't^ifftw 

S^^BHk'^^M'^C'V 

Etffi  ilSt^cfl 

InSw^sKBwMrJ^^' ■ 

^^^^ram^^i>>.  ',■ 

f4 

t^SS^^nm:^' ' 

f>,< 

F^'Xd 

^^Kl'i' 

m 

^^^^v' 

^^^^^i 

^^P^^''-' 

m 

•TiEK'^^^S'^^'t*^  f r^'i* 

I^SmSS^SIS^  '*" ' 

^^^w'^^ 

tW^s 

^^^i^^« 

11 

I^H 

.^ffl 

im 

BJsEMlKwawBa  ^.'f. 

HertionH,  in  repelling  this  mont  slandorous  and  bolstered  ohftrge  of 
youn,  and  oonieqnently  its  ntter  fliUehood,  as  fkr  as  it  oriminateH 
my  oonduot  and  riewi,  on  the  testimony  not  only  of  the  rcmaininj^ 
individuals  who  oomposed  the  Senate  an«i  the  Military  Council, 
but  on  the  testimony  of  any  two  or  three  remaining  individuals  in 
Hociety,  who  were  eye-witnesses  of  my  conduct  at  the  inrasion  of 
New  Orleans,  and  whose  oaths  would  be  respected  by  a  wolksom- 
posed  Jury  of  their  vicinity. 

**  I  may  well,  then,  Bir,  pronounce  this  last  charge  of  yonn  to  be 
false,  utterly  fhlso,  as  applying  to  me  individually,  or  to  the  Senate 
over  which  I  presided,  or  to  the  Military  Council  of  which  I  was  a 
member,  and  deny  that  th«>  most  distant  hint,  or  wish,  was  ever 
expressed  in  any  of  their  deliberations,  or  in  private,  by  any  one 
of  their  members  with  my  knowledge,  or  within  my  hearing,  *  to 
make  terms  with  the  enemy.'  And  more  false,  if  possible,  is  it 
still,  that  the  Legislature  should,  with  my  consent  or  connivance, 
depute  a  Committee  to  wait  on  you  on  that  subject,  or  on  any 
other  during  the  invasion,  in  which  I  had  any  agency,  that  was  not 
founded,  in  my  humble  estimation  at  least,  on  principles  of  patri- 
otism and  honor.  I  may,  therefore,  hope  to  find  indulgence  in 
every  honest  breast  for  having  expressed,  In  some  degree,  the  pro- 
found contempt  which  this  charge  m  justly  merits,  and  which  it  is 
impossible  for  me,  with  life,  to  cease  to  feeL** 

On  reading  Skipwith's  letter  to  General  Jackson,  Thi- 
bodaux,  who  was  a  member  of  the  Senate  at  the  time, 
and  a  man  of  great  political  influence,  addrestied  to  Skip- 
with  a  communication,  in  which  he  said  that  the  notori- 
ously ungenerous  and  unmerited  accusation  which  had 
been  cast  upon  the  whole  Legislate  of  Louisiana,  and 
particulai'ly  upon  the  Senate,  by  General  Jackson,  was, 
in  his  humble  opinion,  such  as  ought  to  be  taken  up  and 
repelled  with  the  indignation  it  really  deserves. 

**  This  charge,*'  he  added,  <•  was  not  laid  npoB^ytMi^lone,  but  it 
embracee  the  whole  Senate.  Conld  yon  not.  Sir,  as  bang  then  the 
President  of  that  honoraUe  body,  oould  yon  not,  with  propriety, 
call  upon  the  members  who  were  sitting  with  yoo,  and  proYail  upon 
them  to  yAn  in  clearing,  through  the  same  medium  that  was  made 
use  of,  those  shamefiil  stains  with  which  t&at  body  was  stigma- 
tized ?    And  would  it  not  be  but  fkir  if  this  infamous  calumny  re- 


1815.] 


TUIBODAUX  TO   8KIPWITII. 


565 


(toiled  toward  its  Bourcu  and  ugtAn»t  iti  vory  author  ?  A  Bupino 
Hilenoe  appeani  to  operate  on  the  part  of  the  memben  of  the  Hen- 
crul  Asiembly  as  a  oonviotion  of  the  tmth  of  the  oooniation ;  and 
thid  opinion,  ai  you  may  hnow  yonnielf,  is  circulating  in  the  public 
by  the  exertions  of  the  GeneraFH  irionds.  I  beg  leave  to  be  ex- 
ouoed  for  attempting  to  suggest  the  right  course  you  have  to  fol- 
low. TheHe  are  the  dictates  of  a  heart  indignantly  offended  at  the 
raith  attack  of  the  General,  and,  although  it  does  not  fiill  upon  mo 
directly  (for  yon  will  recollect  I  was  on  active  servioo),  it  rebounds 
upon  me  very  heavily,  and  wounds  me  to  the  very  heart's  core." 

Without  attempting  to  reconcile  the  conflicting  asser- 
tions of  M^jor  Butler  and  General  Jackson,  with  the  de- 
negations  of  Skipwith  and  Thibodeau,  we  think  that  we 
have  now  sufficient  light  before  us  to  review^  understand- 
ingly  the  extraordinary  proceedings  which  took  place  on 
the  28th  of  December,  and  to  discover  the  cause  of  the 
secret  feeling  of  hostility  existing  bottveen  the  Legisla- 
ture  and  General  Jackson.  After  much  reflection  and 
patient  examination  we  have  come  to  the  gratifying  con- 
clusion that  the  Legislature  of  the  State,  including  all 
its  members,  and,  amoo^  others,  those  influential  leaders, 
Blanque,  Marigny  and  Guichard,  whose  names  are  men- 
tioned in  the  testimony  of  Declouet  and  other  witnesses 
befohj  the  Committee  of  Investigation,  acted  with  unde- 
viating  patniotism,  and  that,  after  the  arrival  of  General 
Jackson,  they  had,  as  a  body  and  individually,  done  all 
that  could  be  expected  of  them  to  secure  the  defence  of 
the  State.  Blanque,  in  particular,  had,  on  the  15th  of  De* 
cember,  introduced  into  the  House  of  Representatives 
this  short  spirited  address  to  the  citizens  of  the  State  of 
Louisiana,  which  had  been  enthusiastically  adopted: 

.  •  i 

"Your  oouBtry  is  in  danger;  the  enemy  ia  at  your  doors ;  the^i 
frontiers  of  the  State  are  invaded.    Tour  oowitry  expects  of  yo^i^ 
the  greatest  efforts  to  repulse  the  bold  enemy  \rho  thi-eatens  to 
penetrate,  in  a  few  days,  to  the  very  hearth-stones  of  your  homes ; 
the  safety  of  your  own  persons,  that  of  your  property,  of  your 


^ 

Pi 

• '.    • 

'     »k  , 

"i" 

•V  0 

« 

4 

*. 

^ 

■  <•» 

f%'  -, 

'".f 

r  ..   ;» 

•  ^.-ii 

'■■■•  i- 

i 

^•f 

,    * 

f 

J  4      ■.. 

f*         * 

,'*••'.;-. 

It  *-.  ■   ' 

•  :vS'...V 

> 
1 

■  •    .(.)* 

^  M  '*•''. 

i 

• 

1 

;.■'-> 

.  I 

■    1 

^r'H 

i 

■ '  (    ' 

» 

■ .  ■«■• 

'  4 

.■''■  *''-... 

'■    f 

'  •;■, -1 

'         1 

\ 

.* 

'  *; 

''.  .:i 

..•■:J^;<-  ^ 

!    ■  :«■ 


■/'.r 


566 


BLANQITE  S   LETTEE  TO  THE  CITIZENS. 


[1816. 


IT  ■> 


m< 


If*" 


p. 

m 


wives  and  children,  yet  depends  on  you.  Bush  to  aims,  fellow- 
citizens,  enlist  promptly  nnder  the  banner  of  General  Jackson,  of 
that  brave  chief  who  is  to  command  j(fa. ;  give  him  all  your  confi- 
dence ;  the  sueoesses  he  has  already  obtained  assure  you  that  to 
march  under  his  standards  is  to  march  to  victory.  There  is  no 
longer  any  alternative ;  dear  fellow-oitizens,  we  must  defend  our- 
selves;, we  must  con<|uer,,or,we  must  be  trampled,  under  the  feet 
of  a  cruel  and  implacable  enemy,  whose  known  excesses  will  be  as 
nothing  when  compared  with  those  which  he  will  perpetrate  in  our 
unfortunate  country.  To  arms  I  Let  us  precipitate  ourselves  upon 
the  enemy ;  let  us  save  from  his  cruelty,  from  his  barbarous  out- 
rages all  that  is  dear  to  us,  all  that  can  bind  us  to  life.  Your  ]^ep- 
resentatives  have  supplied  the  Executive  with  all  the  pecuniary 
means  which  he  required  of  them  for  the  defeiice  of  the  Staite,  and 
they  will  give  you  the  ezaiiq>le  of  the  dt^votion  which  they  expect 
of  you."       ' 

It  was  to  Blanque  tliat  Xafitte  had  appeiiled  when  he 
wished  to  offer  his  services  and  those  of  his  companions 
to  the  State,  and  it  was  because  he  knew  the  undoubted 
devoUon  of  that  gentleman  tathe  cause  which  he>,  Xa- 
fitte,  desired  to  be  permitted  to  embi'ace. 

We  say  with  a  feeling  of  legitimate  pride,  that  after 
having  made  tlie  most  minute  researches,  we  haye  not  been 
able  to  discover  the  slightest  proof  that  the  Legislature 
ever  entertained  treasonable  purposes,  or  that  any  mem- 
ber of  that  body  ever  thought  of  '*  making  ^terms  with 
the  enemy/'  &&  long  as  all  the  means  pf  the  most  obsti- 
nate defence  should  not  have  been  exliausted.  But^  at 
the  same  time,  it  is  not  equally  demonstrated  to  us  that 
there  were  not  many  members  of  the  legislature  ^l  fa- 
vor of  capitulating,  when  capitulation  could  h^\^^  been 
honorably  made,  rather ;  than  destroying  |(ewQ4^^^ 
and  exposing  its  numerous  population  to  all  the  horrors 
which  would  have  been  the  consequences  of  such  an  act. 
They  may  have  thought  that  the  destruQtion  of  that 
city  wotild  not  haye,  answered  the  same  purpose  wliiich 
Imd  beed  obtained  by  the  conflagration  of  Moscow,  be- 


'*• 


1816.] 


BEFLEOTIONS. 


5^ 


cause  it  would  bare  been  done  under  different  ciicum- 
stances.  It  is  probable  that,  entertaininfi^  such  views, 
and  whilst  in  a  state  of  ei^citement  ivnich  w<;c  but  too 
natural,  on  witnessing  the  agonies  of  terror  whicli  pre- 
vailed in  Now  Orleans  when  the  uncontradicted  report 
spread  that  the  city  was  to  be  set  on  fire  in  case  of  a  de- 
feat, some  of  them,  by  words  or  actions  which  were  mis- 
construed, gave  rise  to  those  suspicions  which  we  have 
found  existing  against  them  to  an  extraordinary  extent, 
as  we  shall  show.  That  one  man,  that  Dedouet  should 
have  been  visionary  and  should  have  taken  as  realities 
the  dreams  of  his  own  over  heated  imagination,  we  ad- 
mit to  be  possible;  but  it  seems  to  us  totally  ine3q>lioa- 
ble  that  the  same  delusion  should  have  been  shared  by 
so  many  others,  if  there  had  not  been  some  grounds 
for  its  eidstence.  If  the  refusal  to  adjourn  had  not  been 
interpreted  in  a  manner  as  injurious  to  the  Legislature 
as  represfflited  by  Declouet,  if  those  suspicion  ri  nocturnal 
meetings,  those  secret  sessions  with  which  he  taxed  them 
when  addressing  the  v^y  head  of  one  of  the  Houses,  had 
never  beon  held,  how  comes  this  dreamer  to  have  obtain- 
ed sucfh  c^dit  with  Buncan,  a  distinguished  member  of 
the  New  Orleans  Bar  and  an  Aid  to  G-ensral  Jackson, 
when  he  was  understood  to  accuse  the  Legislttture  of 
treason?  Would  Duncan  have  been  thrown  into  a  vio- 
lent state  of  agitation  ?  Woidd  he  have  giv^i  faith  to 
such  a  charge,  would  he  have  admitted  the  possibility  of 
such  an  event,  had  he  not  been  disposed  to  it  by  some- 
thing antecedent  ?  In  a  matter  of  this  importance,  would 
General  Jaehson  have  acted  on  a  mere  verbal  message 
delivered  to  his  Aid  by  a  militia  Colonel  whose  name  he, 
Jacks6n,  did  not  even  Inow  at  the  time  9  Would  he  not 
have  scouted  at  so  startling  an  inteKig«Boe  brought  to 
him  in  this  loose  manner,  if  he  had  had  AiE  confidence 
in  the  L^sliiture  ?    Would  he  have  ordered  to  make 


,-;.-'i'v^'. 


:-r\t 


•'!%j»4 


'mm.  I 


%^y 


''■*-:^-'¥ 


<  ••*■■■; 


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■:;.'■■    . 

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':  vf;^.  •.'■■■ 

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m 


% 


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p 

i 


568 


BSFLEOTIONS. 


[1816. 


strict  inquiiy  into  a  fact  which  he  would  have  thought 
impossible,  and  which  he  did  not  believe  ?  Would  he 
hav  3  empowered  the  Governor,  whom  he  understood  to  be 
the  accuser  of  the  Legislature,  to  become  also  their  judge, 
to  pass  sentence  on  their  guilt,  and  to  "  blow  them  up," 
if  he  had  not  been  laboring  under  a  degree  of  indignant 
excitement  which  blinded  his  reason,  and  which  shows 
that  he  did  not  altogether  discredit,  as  he  pretended, 
the  probability  of  the  event  ?  Are  we  not  warranted  in 
believing  that  we  interpret  correctly  the  state  of  his  mind 
on  that  occasion  when  we  take  into  consideration  his 
letter  of  the  22d  March,  1824,  which  informs  us  of  what 
occurred  between  the  President  of  the  Senate  and  But- 
ler, and  between  a  Committee  of  the  Legislature  and 
himself  in  relation  to  their  ''making  terms  with  the 
enemy?" 

Colonel  Fortier,  Gt>vfflHior  Claiborne's  Aid,  a  native  of 
the  State,  a  man  of  extensive  fynily  coniiections,  who  had 
Mends  and  relations  in  that  Legislature,  does  not  show 
any  astonishment  at  the  wonderfEil  message  of  which 
Duncan  is  the  bearer.  He  transmits  it  without  doubts, 
remarks  or  comments  of  any  kind,  as  far  aa  we  know. 
The  Governor  is  startled,  it  is  tme,  as  we  are  informed, 
but  consents  to  execute,  in  dear  violation  of  his  official 
oath,  and  against  those  whom  it  was  his  duty  to  protect, 
the  mere  verbai  order  of  a  Federal  pffiow,  which  might 
have  been  altered  or  modified  in  passing  through  the 
lips  of  two  different  persons — and  what  an  order  I  to 
prevent  by  force  the  n^eting  of  the  Beproientatives  of 
that  sovereign  State  of  whidi  hd  was  the  Chief  Magis- 
trate! Could  anything  so  monstroftKr  have  happened 
without  foundation ;  and,  if  tluit  foundation  was  laid  in 
error,  was  there  not  something  plausible,  or  having  the 
color  of  truth,  for  that  emor  or  delusion  to  stand  upon  ? 
General  Labatut,  a  State  olScer,  who  commanded  the 


I815.J 


AEFLEOnOKS. 


569 


corps  of  veterans  to  whom  tlie  guard  of  the  city  had 
been  intrusted,  receives  the  Governor's  mandate  to  dose 
the  doors  of  the  State  House,  uid  to  fire  at  the  members 
of  the  Legislature  if  they  attempt  to  meet  notwithstand- 
ing his  prohibition,  and  he  obeys  with  as  little  hesitation 
as^if  he  had  been  commanded  to  pass  a  review  according 
to  law ;  he  obeys  it  as  readily  as  Harrison  and  Worsley, 
when,  at  the  beck  of  Cromwell,  they  caused  the  Bntish 
Parliament  to  be  thrust  out  of  doors  by  a  Me  of  muske- 
teers. If  there  had  not  been  something  in  the  public 
mind  against  that  guiltless  but  unfortimate  Legislature, 
would  Labatut,  the  kindest  and  mildest  of  men,  H  re- 
spectable and  peaceful  merchimt  of  the  city,  have  accept- 
ed the  responsibility  of  a  measure,  for  n^ich  there  were 
then  but  two  precedents  in  history?  "Would  he  have 
shown  the  unreasoning  obedience  of  a  janissary  ?  Would 
the  Governor  himself^  who  did  not  leave  behind  him  the 
reputation  of  a  rash  man,  and  whose  desire  for  popularity 
was  said  to  be  the  weak  part  of  his  character,  have 
dsiced:  to  justify  that  measure  in  a  special  message  to  the 
Legislature — in  which  he  said  ''he  had  pursued  the 
course  which  prudence  and  duty  required  ?"*  Would 
he,  whom  his  very  Mends  accused  of  shrinking  too  much 
from  taMng  responsibilities,  have  assumed  one  of  this 
frightful  magnitude  without  feeliug  sure  that  there  was 
a  condition  of  things  existing  which  would  shelter  him 
fVom  all  eonsequencos  ?  Would  he  have  boldly  told  the 
Legislature  themselves, ''  that  so  much  suspected  were 
their  intentkins  by  the  pubUe,  that  had  they  met  on  the 
28th  there  might  have  been  a  popular  eomm<>tion  which 
he  could  not  hav«  repressed  I''  H  these  ^Eicts  had  not 
be^n  true,  or  had  t)een  even  doubtful,  would  he*  have 
ventuiied  to  assert  tlwni  in  an^Sdal  doeument  destined 
for  publicistioii  ?    Would  not  the  Legislature,  betwe«:i 

•  Seepage  Ml 


mm 


.f*. 


d-  %\ 


,►<; 


.    ■->.",.V':f  d 

1^ 


.-"■fh 


',  i 


•x^'U: 


J 


il 


570 


REFLECTIONS. 


[1815. 


wbom  and  him  there  imter  had  existed  any  ^ery  good 
understanding,  have  turned  upon  him  and  crushed 
him  for  inventions  of  so  calumnious  a  nature  ?  Would 
they  not  have  arraigned  the  Governor  at  their  bar  ? 
Would  they  not  have  insisted  upon  a  retractation  ?  Would 
they  have  permitted  his  communication  to  have  remam- 
ed  unexplained,  unanswered,  on  their  records,  as  an 
eternal  proof  of  their  tacit  assent  to  the  truth  of  his 
declarations  ?  Can  we  admit  that  mere  slanderous  de- 
nunciations, without  at  least  some  superficial  appearances 
of  fact  to  rest  upon,  would  have  produced  among  the 
people  such  a  state  of  distrust  of  the  Legislature  as  is  de- 
scribed by  the  Govemor^-^a  Legislature  composed,  almost 
without  an  exception,  of  men  of  high  social  positions,  and 
whose  personal  influence  throughout  the  State  must  have 
been  greater  than  that  of  their  calumniators  I  It  is 
commonly  said,  in  familiar  parlance,  that  there  never  is 
smoke  without  fire.  On  thigLoocasion)  as  there  was  no 
little  smoke,  there  must  have  been  some  sparks  of  fire,  -a 
The  truth  was,  we  suspect,  as  we  have  already 
said,  that  there  were  some  members  of  the  L^slature 
who,  tifter  having  exhausted  all  means  of  defence,  and 
after  having  made  all  the  necessary  ^orts  to  repulse  the 
enemy  fi?om  New  Orleans,  were  in  &vor  of  a  capitulation, 
if  it  could  be  made  honorably,  rather  than  of  destroying 
the  city,  because  they  considered  that  destruction  would 
have  no  practical  and  adrantegeous  results,  uid  would 
would  be  a  ^^  mere  samfiee  to  military  pride.''  We  are 
confirmed  in  coming  to^fihis  eoadusion  by  the  following 
lanjguage  which  we  find  in  the  Report  of  the  Committee 
of  Inquest :  *^  It  is  glorious,  no  doubt,  for  citizen»  to 
bury  themselves  under  the  ruins  of  their  city  rather 
than  surrender  it  to  the  enemy ;  but  tlmt  man  never  was 
reputed  a  traitor  who,  no  longw  able  to  resist  a  bar- 
barous and  triumphant  enemy,  has  sought,  by  an  hon- 


1816.]- 


BEFLB0XION8. 


571 


orable  oapitulatioo,  to  preserve  for  hiskchildren  the  roof 
undi^if  which  they  were  bom.'*  Such  may  have  been  the 
domiBant  idea  in  the  mind  of  more  than  one  of  the 
members  oi  the  Legislature.  Accordingly,  those  whose 
views  agreed  on  the  subject  may  have  met  to  consult 
together  and  attempt  to  devise  some  means,  l^al  in  their 
opinion,  by  which  they  might  prevent  the  calamity  they 
dreaded.  They  might  have  consido^  it  as  one  of  those 
"contingencies  amd  unforeseen  cases  which  they  said 
might  arise  and  might  require  the  interference  of  i;be 
Legislature/'  and  to  meet  which  they  had  refused  to  ad- 
journ, when  desired  to  do  so  by  Olfdborne  and  Jack«on. 
Those  members  may,  in  an  informal  way,  have  sent  a  Com- 
mittee to  wait  OB-  General  Jackson,  to  know  his  real  in- 
tentions, as  he  mentions  in  his  letter  of  the  S2d  of  May, 
1824 ;  and  as  this  may  not  have  been  done  in  any  of  their 
regiilar  sessions^  ^ther  public  or  secret,  according  to 
officiiid  forms^  but  in  one  of  those  in«gular  meetings 
which  are  i  frequently  preparatory  to  legiidative  action, 
it  is  not  astonishing  if  no  record  was  kept  of  such  pro- 
ceedings in  their  journals.  Their  object  may  have  been 
to  capitulate  (ffter  a  disaster,  and  the  public,  alarmed  at 
what  may  have  a|q)eared  to  be  indicatioiis  or  symptoms  of 
disf^Soction,  agitated  liy  the  reports  of  aeexet  sessions,  mis- 
cimstniing  ambigaous  expressions^  exaggerating  the  im- 
port of  hasty  words  of  passion  or  .vague  threats,  may 
have  supposed  that  the  intentioii,  of  the  suspected  mem- 
bers was  to  eAfiinlatB  before  a  disaster-^which  was  very 
materially  diisrent.  Hence  ^a  public  excitement; 
hence  the  strange  declaration  ci  Claiborne  to  the  Legis- 
lature: ^  If  ye)a  had  met  on  the  2Bl&'of  Becember,  there 
probably  would  have  been  a  popular  commotion  which 
it  might  have,  been  impo8siMe^taj8]»*osft-'  ^  ^ 

Although  there  might  have  existed,  md,  according  to 
Claiborne's  pontive  and  official  declarations,  there  did 


-.'■■Mi'  ,. 
'iii''^'> '-'■•■  'il 

;<^-rf''  .'.•1' 


..  •■■'■■■''■'  I 


:i^r. 


yj'-.: 


t 


[,i  ■  ■ 


m 


^ 


573 


BEFLBOnOKS. 


[1815. 


exist,  among  tho  jmblio  considerable  apprehensions  that 
the  Legislature  entertained  some  mischievous  pi)rt>oses 
of  capitulation,  whilst  our  forces  were  still  conironting 
defiantly  the  enemy,  and  although  these  apprehensions  can 
be  easily  conceived,  because  in  days  of  great  and  immi- 
nent dMiger  the  masses  seldom  reason  and  are  canned 
away  by  impulses,  yet  we  do  not  believe  that  General 
Jackson  anticipated  any  such  action  on  the  part  of  the 
Legislature,  because  something  like  absol^ute  impossibility 
would  have  stood  in  their  way.  It  was  evident  that  as 
long  as  his  army  remained  intact  between  New  Orleans 
and*  the  enemy,  the  Legislature,  if  unpatriotic  and  ill- 
disposed,  could  not  treat  with  the  enemy  without  his 
consent,  even  if  they  had  possessed  the  competent  au- 
thority. But  he  probably  knew  that  he  was  bitterly 
censured  for  his  supposed  intention  to  destroy  the  city, 
rather  than  allow  the  British  to  take  possession  of  it; 
he  may  have  believed  in  a  disposition,  on  the  part  of 
certain  members  of  the  LegialMure,  to  attempt  to  frua* 
trate  that  design  in  case  of  a  disa^b^  to  his  army ;  and 
he  may  have  looked  upon  it  in  a  very  different  light  from 
what  they  did.  They  thought,  as  expressed  in  the  Re-, 
poii;  of  the  Committee  of  Inquest,  that  it  was  no  treason. 
He  may  have  thought  it  was.  He  may  have  thought 
that,  as  Oommanderiu-Oyef  of  the  forces  of  the  United 
States,  he  was  the  sole  authorii^' to  decide  wheth^  or  nqt 
the  destructi<m  of  New  Orleans  was  a  military  necessity! 
that  he  was  m  duty  bound  to  assume  that  responjaibility,; 
and  that  actual  resistance  to  any  of  his  miEtary  measures 
would  be  treason.  Although  the  members  of  the  Legis- 
latTite  who  may  £»ve  bean  opposed  to  wl^t  was  called 
makbg  war  ^  aUser  tbeBussiaa  fashioa,"  may  not  have 
been  able  to  .Agree  to  any  fetMoMe  pto  to  prevei^t  Jack- 
son ftoia  earrying  intoezecutiott  ki»  supposed  deten^ina- 
tion  to  imitate  in  New  Orleans  the  conflagration  of  Moscow, 


1810.] 


BBFUBOnOlTB. 


573 


yet  iheir  intention  may  have  been  known  at  headquarters, 
and  they  may  have  been  looked  upon  as  ooiitingent 
traitors.  Otberwiee,  how  came  Jaokson  to  send  them 
thifl  stern  message:  ^Tell  them  that  if  I  m  so  unfor- 
tunate as  to  be  driven  from  the  lines  I  now  occupy,  and 
compelled  to  retreat  through  New  Orleans,  they  will 
have  a  warm  session  of  it  9'*  Certainly,  this  was  not  the 
friendly  language  of  confidence  and  esteem;  it  rather 
sovndeid  like  th»  warning  threat  of  angry  distrust.  If 
such  a  message  was  sent  and  carried  to  its  destination, 
it  explains  that  secret  state  of  feeling  which  prevented 
any  vote  of  thanks  to  General  Jackson,  although  he  was 
publicly  acquitted  of  all  improper  interference  with  the 
Legislature  on  the  28th  of  December,  and  eren  praiaod 
by  that  body  for  the  discreticm  and  pf  ^riotism  which  he 
exhibited  on  that  occasion.  If  the  deductions  which  we 
have  drawn  from  the  fa^s  we  have  stated  are  not  correct, 
we  do  not  see  how  it  is  possible  to  account,  in  any 
rational  way,  for  the  mysterious  historical  anomaly 
which  we  have  recorded. 

f  We  regret  that  the  Legislature^  at  the  time,  did  not 
ad  with  a  iSwesight,  a  firmness  and  a  dignity  which 
^uld  have  redounded  to  tlrair  eredit,  and  would  have 
freed  them  from  unworthy  suspicions.  We  think  that, 
if  they  had  attached  any  importance  to  the  report  that 
Genend  Jackson  intended  to  reduce  New  Orleans  to 
ashes  in  case  he  retreated  through  that  city,  they  might 
with  jHvpriety,  in  one  of  their  public  seacieiBs,  have 
appointed  a  Committee  to  asonrtaiB  what  tfuth  there 
was  in  it,  in  order,  not  to  *^  make  terms  wkh  thee&en^," 
Hit  to  provide  iWth»  removal  of  the^mmerovs  wotaen, 
(^IdrAn,  liod  oUL  mesa  whmk  Now  Ot^leans  ooataioed, 
and  to  make  arrangements  to  prooure  for  them  food  and 
belter  in  the  interior  of  ^  country ;  they  nught  have 
represented  t^t  such  had  been  the  precautions  taken  in 


^V'^lii 


r;tS 


■'*S  >  '  f,  »vi*-  J      *  I 


•.»'-r.4-#  ; 


,:•! 


"■',■:'''■ 


■  t  .T».      .' 


'■:^x 


\  i 


I  ■•/ 


ft 


574 


BEFLEOnOKB. 


[1815. 


m 


Vt-h 


"Bxifkih^  and  Ihfii  Moscow  htA  iMcin  deserted  by  its  popn* 
lation  before  it  was  burned.  We  believe  that"  this 
would  have  been  a  legitimate  interference,  and  would 
not  have  been  looked  upon  by  JackSon  as  exceeding  their 
proper  sphere  of  action.  We  are  under  the  impression 
that,  whilst  assuring  the  General  that  they  were  still 
disposed  to  co-operate  with  him  as  they  had  previously 
done,  to  the  ^11  extent  of  the  resources  of  the  State, 
and  ready  to  make  eveiy  eacrifice  whicb  patriotism  tntght 
require,  and  whilst  disclaiming  all  idea  of  entering  into 
any  conflict  with  the  exercise  of  his  military  authority, 
and  leaving  with  him  all  the  unrestrained  responsibili- 
ties of  his  acts  as  Gommander*in-Ghief,  they  might  have 
remonstrated  with  him  on  his  determination  to  d^roy 
New  Orleans,  as  not  being  in  their  o]^inion  an  imperious 
necessity  of  defence,  and  as  a  measure  which  Would 
have  inflicted  on  the  oomniiunity  incalculable  losses  and 
sufferings  without  adequate  results.  Such  a  course,  which 
would  have  threatened  no  resis&nce  to  what  he  might  ulti- 
mately decide,  would  have  entitled  them  to  his  respect 
and  confidence,  to  the  commendation  of  the  world,  and 
might  have  strengthened  their  rights  to  claim  afterward 
from  the  United  totes  a  full  compensation  for  the 
wanton  destruction  of  th«ir  property.  Such  proceed- 
ings, held  openly,  in  broad  daylight^  conducted  trith 
modeihttioh  and  with  the  defefchce  due  to  hiM  who  was 
intriist^  with  the  defencir  bf  the  State,  m%hi,  if  it 
c6ifM  t^  hate  prevented  the  dreaded  calamity,  have  pat 
it  bey(^d  the  pow^  of  their  enemies  to  misrepresent 
their  intentio^f*.  » 

^  liieli^^tfs  we  admits  Gek^n^  Jackison,  w«  canaotr 'coin- 
cide it$^  th^  liC^slftture  ki  eorameniing  him  flor  the 
^ prade^ce,  patriotism  and ^rc^^ty ''  of  his  mesii^'to 
Cla!bd!pi#  6n  the  261k  of  I>#^nib;e^a  uMssage  which 
he  sent  on  the  mere  informatioti  of  a  militia  colonel 


1814.] 


BEFLE0TION8. 


576 


10  waft 
if  it 
repot 
9irt 


whose  name  be  did  not  even  know  at  the  time.  The 
General  underHtood  the  Governor  to  accuse  the  Lc^sla- 
ture  of  treason,  and  what  was  his  order?  **Tell  the 
Governor  to  make  strict  inqniiy  into  the  subject ;  and, 
if  true,  to  blow  them  up," — ^which  meant :  tell  the  Gov- 
ernor that  I  empower  him  to  decide  if  his  own  accusa- 
tion is  well  founded,  and  in  that  case  to  appb'  the  penalty 
which  I  decree — "blow  them  up."  We  i.uspect  that 
Duncan,  who  was  a  lawyer,  and  understood  the  rights 
of  the  accused,  was  struck  with  the  monstrosity  of  the 
order  of  which  he  was  the  beai'er.  He  well  knew  that 
if  the  members  of  the  Legislature  were  guilty  of  treason, 
if  they  had  committed  any  overt  act,  they  might  be 
arrested,  but  that  they  we]*e  entitled  to  trial,  and  that 
the  Governor  of  the  State  was  not  the  competent  tribu- 
nal before  which  that  trial  could  take  place.  He  knew 
very  well  that  if,  on  the  other  hand,  they  had  jot  com- 
mitted any  overt  acv,  but  merely  meditated  treason,  they 
might  be  prevented  ^m  carrying  their  purposes  into 
execution,  but  that  they  could  not  be  punished  for  a 
mere  intention.  Hence  his  changing  of  the  order,  ac- 
cording to  all  probabilities,  and  his  merely  "requesting 
the  Governor  to  prevent  the  JJegialature  from  meeting 
in  order  to  ward  ofF  the  anticipated  eviL'** 

We  cannot  but  remember  that  General  Jackson,  when 
he  gave  his  celebrated  order,  had  received  the  informa- 
tion which  provoked  it^  within  the  hearing  of  his  troops 
and  in  the  midst  of  a  battle,  and  we  are  willing,  there- 
fore, to  make  ample  allowance^  for  the.  ciruumstanoes  in 
which  he  was  placed.  Z^everthdess^  we  think  that  the 
Legislature  oiight  to  have  piotested  in  suitable  terms 
against  his  message,  to  Claiborne,  as  b^g  wrong  in 
itself  and  as  estabUshkg  a  dangefoos  precedent,  «nd 
that,  at  the  sfime  time,  they  ought  to  have  had  the  mag- 

*  flee  DoaoftD's  Teettnioiiy,  Joamal  of  tlie  LegUatiire. 


r'^:. 


'Hv»*. 


4:  ; .»,       ti 

I*'  ..'^•'  \t  t'  ''\ 

'■■.     '»**•; 

L ■•.•■•li '- ••■.;   ,  1 

'-•■■'U'Kfs'f  i\ 
■•-■  '^r^t-  I 


i'.  •.•■■'' : 


-■*    I 


676 


BEFLEOTIONS. 


[1810. 


f> 


iV! 


i 


'<<> 

&: 


nanimity  and  justice  to  vote  him  thanks  and  the  proper 
testimonials  of  gratitude  he  was  entitled  to  for  his  mili- 
tary services.  We  think  that,  on  receiving  communica- 
tion of  Jackson's  letter  to  Claiborne,  on  the  6th  of  Feb- 
ruary, in  which  he  expressed  the  opinion  that  it  was  "  as 
much  for  the  honor  of  the  members  of  the  Legislature 
as  for  the  interest  of  those  whose  defence  was  intrusted 
to  him,"  that  he  should  proceed  to  an  investigation  of 
the  causes  which  had  led  to  an  accusation  of  treason 
against  their  body,  they  ought  to  have  shown  their  grati- 
fication at  his  determination,  and  instead  of  contenting 
themselves  with  coldly  sending  to  him  a  copy  of  the  pro- 
ceedings of  their  Committee,  they  ought  to  have  ex- 
pressed the  wish  that  he  shoidd  go  on  with  his  own  in- 
vestigation, in  order,  as  he  said,  *'  that  if  any  officer  of 
his  army  had  uigustly  brought  such  an  accusation,  he 
should  be  punished  as  he  deserved,  and  the  innocence 
of  the  calumniated  be  made  manifest ;  and  on  the  other 
hand,  if  the  charges  were  well  founded  against  some 
members  of  the  Legislature,  that  they  should  be  prose- 
cuted, and  the  rest  sheltered  against  Airther  suspicion.'' 
They  might  have  made  their  position  still  stronger  by 
appointing  a  Committee  to  join  and  assist  him  in  his  in- 
vestigation. If  such  an  attitude  had  been  taken  by 
them,  they  would  not  have  inade  themselves  liable  to 
'Ihibodeau's  reproach  in  his  letter  to  Skipwith :  ^  that 
a  supine  silence  appears  to  operate  on  the  part  of  the 
members  of  the  General  Assembly  as  a  conviction  of 
the  truth  of  the  aocusati<)n." 

We  think  that  the  mild  censure  which  the  Legislature 
passed  on  Governor  Claiborne  for  his  blind  and  unoon* 
stitntional  obedience  to  Jackson  on  the  28th  was  not 
sufficient  We  think  that  they  o«ight  to  have  demanded 
of  bim  full  and  satisfactory  explanations  about  the  con- 
tents of  his  commukiication  to  them,  of  the  4th  of  Jan- 


181S.1 


BEFLEOnONS. 


577 


liar}- ;  we  think  that  they  onght  to  have  appointed  a 
Qommittee  to  inquire  into  the  causes  of  the  suspicions 
which,  according  to  the  Governor's  assertions,  had  taken 
such  root  in  the  public  mind  as  to  work  injuriously 
to  their  character  and  their  usefhlnn^  as  Representatives 
of  the  people,  and  v^Mch  had  prevailed  to  such  an  ex- 
tent that,  **had  they  met  on  the  28th,  a  popular  commo- 
tion might  have  taken  place.*'  It  would  also  have  been 
necessary  to  have  had  it  eipkined  why  they  had  been 
made  more  obn<izimii  on  that  day  than  on  any  other. 
If  the  Legislature  had  pursued  such  a  course,  they  oould 
not  have  been  expoiEfed  to  any  painftal  suspicions;  or 
those  suspicions,  if  they  had  existed,  wonld  have  been 
instantly  removed ;  and  we  should  have  been  spared  the 
mortification,  after  the  lapse  of  half  a  century,  of  de- 
fending their  memory  against  unfounded  charges  of 
guilt,  whilst  at  the  same  time  admitting,  with  what  we 
believe  to  be  a  becoming  impartiality,  that  those  charges 
seem  to  have  originated  in  their  want  of  prudence,  firm- 
ness and  dignity  on  an  occasion  which  required  a  jt 
eious  exercise  of  those  qnalitiet. 


j£?v?v  J  •:•  \\ 
.  •.-.•4. ':■••,.,   ]| 


'Y<'-; 


•  v;     * 


■  U  ! 


87 


•  t    r  ■ 


-:;>^;' .  t 


■Sl 


.r^::*  . 


-t 


^^  ... 


M^A^^        n^  J^<A    <Jm' -    ,-.  m'  fflin't! 


k„     1 


CHAPTER  XIL 

Claiborne's  adminibtbatiok. 

JACKSON'S    QUARBBL    WITH    THB    nOUrOH    IN    NNW  ORLEANS  —  RE 

ORDERS  T^EM  OUT  OF  THE  OIIT  WITH  THIIR  CONSUL  —  PAllPH- 

^  LET  OP  LOUAILLIRR  —  HIS   ABRB8T  —  WDGR    HALL,  HOLLANDER 

„    AND  DICK  ALSO  ARRESTED  ~  CONFLICT  BBTWEBN  JACKSON  AND 

CLAIBORNE  ->  LOUAILLIBR'S   TRUL  —  HIS  ACQUITTAL  —  RELEASE 

OF  JUDGE  HALL  —  TRUL  OF  OBNEBAL  JACKSON  —  HIS    DEFAI^T- 


UBB. 


1815. 


:»;-■■■.,;> 

.Mi.  ,    i. 


'  The  Legislature  had  adjoiimed  on  tbe  6th  of  Febrna- 
ry,  with  Ml  conildenoe '  that  IxnriBiana  was  free  Ax>m 
danger;  tbii  impression  was  shared  in  by  the  people, 
ana  partionlarly  by  the  militia,  who,  unused  to  the  hard- 
ships and  irksome  discipline  of  camp  life,  were  anxious 
to  resume  those  industrious  and  profitable  pursuits  from 
which  they  derived  their  support,  and  the  comforts  with 
which  they  surrounded  their  families.  The  fall  of  Fort 
Bowyer  they  considered  as  of  no  importance,  and  as  the 
last  expiring  effort  of  the  enemy.  Rumors  that  a  treaty 
of  peace  had  been  signed  between  the  United  States  and 
Great  Britain  were  also  rife  and  generally  credited. 
This  circumstance  increased  the  impatience  of  the  militia 
to  be  relieved  from  military  duty.  So  excited  the  pub- 
lic became  on  the  subject,  that  Jackson  thought  proper, 
on  the  19th  of  February,  to  issue  the  following  address : 

"Fbixow-oitizeni^  and  Soldixbs:  \ 

"  The  flat,-V'.Hsel  whioh  was  sent  to  the  enemy's  fleet  hati  re- 
turned, and  brings  with  it  intelligence,  extracted  from  a  London 

(678) 


1810.] 


JAOK.'^Olf  H   AODRSM   TO  TUB  MILITIA. 


619 


NB  — HE 
-PAVPH- 
LLAKDBR 
BOX  AMD 
BBLEABE 
DEFABT- 


Febnia- 
ee  from 
people, 
he  Lard- 
anxious 
its  from 
B  with 
of  Fort 
id  as  the 
a  treaty 
tea  and 
iredited. 
militia 
e  pub- 
proper, 
dress : 

\.  .  ■  i 
let  had  re- 
London 


paper,  tT>At,  on  thu  J4th  of  Deoember,  articles  of  ])eaoe  ware  aignetl 
at  Ghent,  by  the  Amerioan  Coinmisuouen  and  thoae  of  her  Brit- 
annie  Mn^jesty. 

**  We  mnst  not  be  thrown  into  fhlse  Beonrlty  by  hopes  that  may 
be  delusive.  It  is  by  holding  ont  snob  that  an  artflil  and  insidious 
enemy  too  often  seekt  to  aooompliith  what  the  vtmost  exertion  of 
his  strength  will  not  enable  him  to  eftot.  To  put  yon  off  your 
guard  and  attack  you  by  surprise,  is  the  natural  expedient  of  one 
who,  haying  experienoed  the  superiority  of  your  arms,  still  hopes 
to  overcome  you  by  stratagem.  Though  young  in  the  tradt  of  war, 
it  is  not  by  inch  artifloes  that  he  will  deoeire  as.* 

"  Feaoe,  wbenover  it  shall  be  r»<establiihed  on  Mr  tihd  honorable 
terms,  is  an  event  ii^  which  both  nations  ought  to  r^oice ;  but 
whether  the  Articles  which  are  said  to  have  been  signed  for  its  res- 
toration will  be  approved  by  those  whpse  province  it  is  to  give  to 
them  their  final  oonflrmation,  is  yet  nnodrtidn.  Until  they  shall  bo 
ratified  by  the  Prince  Regent  and  the  President  of  the  United 
States,  peace,  though  so  mueh  desired,  may  be  still  diatant  When 
that  shall  be  done,  the  happy  intelligence  will  bo  publicly  and 
speedily  announced.  In  the  mean  time,  every  nu>tive  that  can  op- 
erate on  men  who  love  thoir  country,  and  are  determined  not  to 
lose  it,  calls  upon  us  for  inereased  vigilance  and  exertion. 

**  If  peace  be  near  at  band,  the  daya  of  om-  watchfyilness,  of  onr 
toila,  and  our  privations,  will  be  proftortionaUy  few  t  if  it  be  Idis- 
tant,  we  shall  at  any  rate  haiten  iVi  arrival  by  being  constantly 
and  everywhere  pre|>ared  for  war. 

"Whatever  be  the" designs  of  the  enemy,  we  mast  be  ready  to 
meet  them.  Should  he  have  the  temerity  to  assail  as  again,  we 
will  once  more  drive  him  igncMniniously  fiNMn  our  shore;  if  he 
places  his  hopes  of  success  on  atvatagem,  onr  wttbohfWlness  will 
disappoint  him;  if  on  an  exertbn  of  his  strengtl^  we  have  proved 
how  Buooessftilly  that  can  be  resisted. 

"  It  is  true  Fort  JSowyer  has  fidlen,  bnt  it  must  and  will  be  speed- 
ily regained.  We  will  expel  the  invader  fi<om  ev«ry  spbt  of  onr 
soil,  and  teach  him,  if  he  hopes  for  oonqnefit,  how  vain  it  is  to  seek 
it  in  a  land  of  fireedom.'* 

These  admonitions)  although  rwy  proper  and  pre- 
uented  in  an  impresdive'manner)  finkd  to  produce  the 
intci  vied  efUBct.  The  tide  was  ebbing  &st  in  another 
direction  ^  im  the  one  in  which  General  Jackson  wished  it 
to  ruu.    Ino  militia,  as  long  as  they  thought  that  there 


" '  ■  •  '  ^  » 


\i:  ,4;'.  '^ 

tv.r,  rr'.    > ,  -f 


'■'%U'-"- 


580 


GENEBAL  JACKSON  AND   THE  FBENCH. 


[1816. 


Mi 


m 

m 


m 


was  a  necessity  for  their  being  in  arms,  were  all  enthusi- 
asm and  patriotism ;  they  had  been  heroes  when  the 
country  required  it;  now  they  wanted  to  be,  as  speedily 
as  possible,  farmers,  merchants,  brokers,  mechanics,  law- 
yers, doctors,  anything  else  than  a  soldier.  They  were 
burning  to  be  at  home  with  their  wives  and  children,  far 
away  from  the  tap  of  the  drum,  luxuriating,  however, 
in  the  recollection  of  past  perils  and  the  consciousness 
of  having  donOf^  their  duty.  On  the  22d,  a  Gazette  of 
Charleston  *was  received  in  New  Orleans,  announcing 
that  the  Treaty  of  Peace  had  been  ratified  by  the  British 
Government.  This  intelligence  swelled  to  overflowing 
the  joy  which  was  fillill|g  np  every  heart,  and  the  clamor 
for  the  disbanding  of  the  militia,  or  the  greater  number 
of  them,  became  louder  and  louder.  The  French,  who, 
with  the  approbation  of  their  consul,  Tousard,  for  they 
had  not  needed  his  instigation,  had  flocked  to  one  man 
around  the  standard  of  the  couiitry  they  resided  in,  and 
had  contributed  so  effectually  to  its  defence,  now  that 
thej'  thought  their  services  no  longer  a  matter  of  abso- 
lute necessity,  now  that  they  had  enjoyed  the  satisfac- 
tion of  seeing  their  hereditary  foe  fly  utterly  discomfited 
before  them,  were  anidous  to  resume  their  independence. 
In  the  presence  of  the  hated  British  flag  they  had  forgot- 
ten that  their  own  Government  had  become  friendly  to 
that  of  Great  Britain ;  they  had  ceased  to  be  Frenchmen ; 
they  had  scorned  to  claim  themselves  aliens  in  order  to 
avoid  bearing  arms ;  they  had  become  Americans  to  fight 
the  veterans  of  Wellington ;  but  this  object  being  once  ac- 
complished, they  were  Frenchmen  again,  and  as  such, 
they  asserted  their  right  to  leave  our  ranks  as  freely  as 
they  had  entered  tLem.  A  number  of  them  obtained 
certificates  from  Tousard  as  to  their  natianal  character, 
which  they  presented  to  General  Jackson  by  whom  they 
were  countersigned  and  the  bearers  permitted  to  be  dis- 


'■■^li 


1815.] 


GENITBAL   JACKSON   AND   THE   FRENCH. 


581 


chai'ged.  Bat,  in  a  few  days,  so  many  of  these  certificates 
were  issued,  that  Jackson  suspected  them  c^  being  im- 
properly granted  by  Toimrd.  Bemonstranoes  were 
made  to  the  Conical,  his  replies  or  explanations  were  not 
deemed  satisfactory,  and,  on  the  last  day  of  February, 
General  Jackson  published  a  General  Order,  commanding 
all  the  French  subjects  to  retire  into  the  interior,  to  a 
distance  not  nearer  4han  Baton  Rouge.  This  measure 
was  stated  in  the  Order  to  have  become  indi^ensable  by 
th^  frequent  applications  for  discharges,  llie  time  al- 
lowed to  leave  the  city  was  short;  it  did  notexoeel 
three  days,  after  which,  the  French  remaining  in  the 
city  were  to  be  registered  and  r^ain  subject  to  his  fur- 
ther orders.  Tousard  immediately  applied  to  the  Gov- 
ernor for  the  protection  of  the  French  subjects.  Hia 
answer  was,  that  the  Executive  of  Louisiana  had  no  con- 
trol over  the  acts  of  the  federal  officer  commanding  the 
military  district  within  which  it  was  inclosed.  *'  Wheth- 
er or  not,"  he  said,  "  the  rights  secured  by  treaties  and 
the  laws  of  nations  to  the  subjects  of  His  Christian  Maj- 
esty residing  within  this  State  are  violated  by  the  Gen- 
eral Order  of  which  you  complain,  is  a  question  not  for  me 
to  determine.  It  properly  belongs  to  the  judicial  power, 
and  there  can  be  no  doubt  but,  on  proper  application, 
it  will  interpose  its  authority  in  such  manner  as  justice 
and  the  laws  shall  prescribe."  Tousard  was,  perhaps, 
preparing  to  act  according  to  Olaibome^s  advice,,  when 
Jackson,  colisid^ng  that  the  French  Consul  was  inter- 
f(^ng  with  hi^  authority  as  Military  Commander,  order- 
ed him  out  of  t^e  city,  which  order  was  instantly  obeyed. 
The  French,  w]l0  W(»^  already  exasperated,  thinking  that 
such  a  treatment  offer^  to  their  Consul  was  a  national 
insult,  were  fired  with  indignation,  and  ^y  talked  and 
acted  as  people  who  are  in  such  a  state  of  feeling  usu- 
ally do.    Was  this  the  return  for  all  th«r  services  tend- 


i  ^*«     —  "  .  I 


•^'     -t.. 


M. 


•  ••  -^i',  ■■  i\ 

•<-,  -i:<'.i>"r;  f 

■  ■p-^t--.  :^ 

'     *■  1 '       '  1 

■  ■•:  :''■•,.,   : 


'^A'^< 


(      ■■     r. 


m 


582 


GENEBAL  JACKSON  AND  THE  FRENCH. 


[1816. 


;.ri'- 


V,f 


erect  spontaneonsly  and  greedfly  accepted  9  Those  who 
were  blinded  by  passion  even  asswted  that  Jackson 
could  hare  done  nothing  witkotii  the  French^  and  that  he 
had  been  guided  entirely  by  French  officers  in  all  his  meas- 
ures of  defence.  Were  not  the  fortifications  planned  by 
Lafon,  Latour  and  others  ?  Was  not  Captain  St.  Geme 
of  the  dismounted  dragoons,  always  at  his  elbow,  and  si^- 
gesting  all  his  military  movements'?  Had  not  Flaugeac, 
Beluche,  Dominique  and  Lafitte  won  the  battle  of  the  8th 
of  January  with  their  artillery  ?  General  Jackson,  if  diey 
were  to  be  believed,  could  not  command  a  company ;  he 
was  even  ignorant  of  the  very  terms  used  in  military 
science.  The  saving  c^  New  Orleans,  if  not  due  to  the 
French,  was  certaialy  not  due  to  the  capacity  of  General 
Jackson,  but  to  the  arrant  stupidity  of  the  British,  who, 
if  they  had  acted  as  they  should,  ought,  on  the  23d,  to 
have  caught  the  Octoimandeisini-Ohief  of  the  Amer- 
ican forces  in  his  bed.  Language  of  this  disparaging 
nature  was  but  too  freely  used.  "Let  him  treat  his 
Kentuckians  and  Tennesseeans  with  his  accustomed  ar- 
rogance,'* said  others,  "  but  we  shall  teach  him  that  we 
are  not  his  subjecta"  These  murmurs  and  threats  could 
not  but  reach  the  ears  of  General  Jackson.  He  was  not 
slow  in  picking  up  the  gauntlet  'which  had  been  flung 
at  his  fset  as  soon  as  he  could  lay  his  hands  on  some  t6- 
sponsiblo  individual. 

This  measure  of  expulsion  adopted  against  the  French 
was  considered  by  many  as  harsh  and  impc^itic.  It  was 
harsh,  because  "  the  pec^le  against  whom  it  Was  directed," 
says  Judge  Martin,  in  his  Hiitory  of  Louisiana,  "  were 
loyal )  tbany  of  them  had  bled,  all  had  toiled  and  suf- 
fered in  the  defenee  of  the  State.  Need  in  many  in- 
stances, improvidence  in  several,  had  induced  the  families 
of  these  people  to  part  with  the  furniture  of  their  houses 
to  supply  those  immediate  wants^  whidh  the  absence  of 


m 


€ 


[1815. 

)8e  who 
JackBon 
that  he 
lismeaB- 
tined  by 
it.  Geme 
and  sag- 
^laugeac, 
f  the  8th 
Q,  if  Aey 
)any;  he 
mUitary 
ae  to  the 
P  General 
ish,  who, 
le  23d,  to 
le  Atner* 
^para^ng 
treat  his 
omed  ar- 
I  that  we 
tats  could 
was  not 
sn  flung 
somere- 

le  French 

ItW»B 

lirectedf 

|a, "  were 

and  snf- 

laay  in- 

families 

kir  houses 

)8ence  of 


1816.] 


GENERAL  JACKSON   AND   THE  FRENCH. 


583 


the  head  of  the  family  occasioned.  No  distinction,  no 
exception  was  made.  The  sympathetic  feelings  of  every 
class  of  inhabitants  were  enlisted  in  favor  of  these  men ; 
they  lacked  the  means  of  sustaining  themselves  on  the 
way,  and  must  lame  been  compelled  on  their  arrival  at 
Baton  Rouge,  then  a  very  insignificant  village,  to  throw 
themselves  on  the  charity  of  the  inhabitants."  It  was 
impolitic,  because  if  the  British  returned,  as  General 
Jackson  seemed  to  apprehend,  he  would  discover  that 
he  had  imprudently  dismissed  and  alienated  men  whom 
he  had  found  so  useful  as  artillerists,  engineers  and  sol- 
diers. Thus  reasoned  those  who  blamed  the  General.  On 
the  other  hand,  those  who  supported  him  maintained 
that  the  French  sounded  and  trumpeted  their  services 
too  high.  True,  they  wore  entided  to  much  gratitude, 
but,  at  the  same  time,  they  seemed  to  forget  that  Tuany 
of  them,  although  foreigners,  had  fought  to  protect  their 
own  property ;  that  those  who  were  domiciliated  were 
bound,  although  aliens,  to  defend  in  ease  of  invasion 
the  country  where  they  resided  and  which  protected 
their  persons,  whether  they  had  property  or  not ;  that 
those  who  were  not  residents,  but  mere  transient  persons, 
could  not  be  permitted  to  remain  within  the  lines,  if 
they  refused  to  serve ;  that  New  Orleans  was  a  camp ; 
and  that  in  a  camp  adl  capable  of  bearing  arms  must  be 
subject  to  military  duty ;  that  those  who  complained  of 
the  "  order''  and  might  suff<Efl'  from  it,  had  pi-ovoked  it  by 
their  own  impatience  and  want  of  subordination.  It  was 
their  own  fault.  As  fbreigners,  they  might  perhaps  have 
claimed  eziemption  from  enlisting;  ^«y  iaigfat  not  have 
volunteered  tkeir  services ;  but,  as  thc^  liad,  they  were, 
after  their  servioee  had  been  aooepted^  on  the  «am6  ^t- 
ing  with  the  natives  aud  natumliMd,  and  were  bound  to 
abide  w'tk  them  the  decision  of  the  Ck>mmandtir>in-Ohief 
as  to  tiie  proper  time  f^  their  discharge.    What  great 

^      # 


■■■•;•  f'*v.  li 

-     .«■" 
■  -  ■;•  v'>   . 

■    fi-  '*'  .■     ..J 

•:■:  '^if.  •  A 


rf 
■  -V  i  -. 


■%^r  ■; 

4..'  *  J I 


:».■"■ 


:'  1 


:■■:';  ■^'"'*/-  "i 


'•:  ■ 


,«d:iip^<-  ', 


■<^^ 


Z-t:    t 


-     *    '.■   '■  j:<t 

:..-  ■■'■  ■  y 


:dV' 


584 


GENERAL  JACKSON   AND   THE   FRENCH. 


[1816. 


p'S'.jj™ 

M 

Mf'^T^Mm 

1 

^g 

^m 

mm 

^B 

*I>'K'. 


hardship  w^s  it  to  wait  a  few  days  for  the  ratification 
of  the  treaty  of  peace  ?  It  could  not  possibly  be  de- 
layed more  than  two  or  three  weeks.  To  be  retained  in 
the  ranks  for  so  short  a  time,  in  a  large  city  where  they 
were  among  their  friends  and  provide  with  many  com- 
forts, where  they  had  the  opportunity  of  seeing  ev6ry 
day  their  families,  who,  although  suffering  privations, 
were  assisted  by  the  City  Council,  by  Legisliative  appro- 
priations, and  by  private  liberaUty,  and  therefore 
far  from  starving,  was  not  after  fdl  so  intolerable  a  con- 
dition. But  granting  that  they  suffered  as  much  as  they 
represented,  it  was  for  the  general  good.  Their  sufferings 
were  but  a  partial  ev9;  better  that,  than  the  country 
should  be  endangered.  Admitting  that  there  was  no 
necessity  for  so  much  caution  on  the  part  of  General 
Jackson,  could  they  not  appreciate  his  motives ;  and  if 
he  erred,  could  they  not  have«  some  indulgence  for  the 
chief  who  had  led  them  to  victory  ?  Wlat  object  of  personal 
advantage  could  he  obtain  by  insisting  up<^  detaining 
them,  under  arms  for  a  few  more  days  ?  The  obvious 
reason  was  that  he  could  not  permit  such  a  large  number 
of  men  to  leave  the  army ;  the  rest  would  be  disorgan- 
ized and  could  not  be  kept  together.  It  w^  further 
alleged  that  these  manifestations  of  discontent  would  not 
have  taken  place,  if  the  incident  of  the  28th  of  Decem- 
ber had  not  occurred ;  and  that  the  "  French  Party"  in 
the  Legislature,  who  had  prevailed  upon  that  body  to 
abstain  from  voting  thanks  to  General  Jackson  on  ac- 
count of  the  seci'et  resentment  Whi<jh  they  felt  against 
him  for  suspecting  them  of  being  traitors,  had  stirred  up 
the  French  in  the  army  to  desert  it.  Bach  were  the 
criixiinations  and  recriminations  by  whieli  the  public 
mind  was  still  more  inflamedi 

i  Several  respectable  citizens  called  on  General  Jackson 
in  the  hope  of  inducing  him  to  reconsider  his  determina- 


m 


1815.] 


GENERAL  JACKSON   AND   THE   FBENCU. 


580 


tion  to  expel  the  Frencli ;  but  they  found  him  inflexible. 
This  intercession  having  failed,  the  French  were  advised 
to  stay  quietly  at  home.  '^  Let  us  see,"  said  their 
leaders,  '*  what  the  tyrant  will  do.  Let  him  arrest  and 
drag  from  the  bosom  of  their  families,  one  by  one,  those 
who  so  lately  exposed  their  lives  for  him  and  his  country. 
Let  him  transport  them  by  brute  force  where  he  pleases ; 
let  him  assume  that  responsibility  ;  but  no  expressed  or 
implied  assent  must  be  given  to  this  usurpation  of  au- 
thority. The  French  must  protest  in  a  body ;  they  must 
apply  to  the  judicial  tribunals  for  protection  and  for  the 
punishment  of  th^  man  who,  in  his  military  arrogance, 
tramples  on  the  laws  of  his  country  and  the  laws  of 
nations."  In  the  meanwhile,  the  Northern  mail  brought 
the  news  that  the  treaty  of  peace  had  arrived  at  Wash- 
ington on  the  14th  of  February.  This  grateful  intelli- 
gence excited  a  general  hope  that  Jackson  would  declare 
martial  law  at  an  end,  but  he  was  immovable,  and  re- 
mained determined  to  keep  eveiything  on  the  war  foot- 
ing until  be  received  official  notice  of  the  ratification  of 
the  treaty  by  the  President  ?nd  the  Senate  of  the  United 
States.  The  discontent  increased,  the  murmurs  waxed 
louder  and  fiercer,  and  from  headquarters  there  came 
a  rumor  that  Jackson,  fax  from  being  intimidated,  was 
preparing  to  arrest  some  of  the  ring-leaders.  Then  the 
cry  rose  that  Jackson  hated  the  French ;  that  he  had 
never  treated  tbem  with  proper  considei^tion ;  that  he  had 
always  kept  himself  aloof  from  the  Creole  and  French  pop- 
u]i^i0B,  whose  language  he  did  not  understand;  that  he 
had,  notwi^staiiding  his  oomplimentft  and  honeyed  words 
dictated  bj  |x)lioy,  entertained  against  them  the  most 
insulting  suspicions ;  that,  on  his  arrival,  he  had  system- 
ati<^j  surrounded  hli^self  with  the  "  irew-comers**  in 
the  State,  an^  iaken  as  his  confidential  advisers  men 


1^-  - 


,  if:; 
■■iv"''' 


o 


't '  r" 
•  \  i ' . 


i: 


■Mr. 


M 


.-  ■   it.)-    •   ■ 


,  .<. : 


586 


GENERAL  JACKSON   AND   THE   FBENCH. 


[1816. 


m 


m 


m- 


who  were  notorious  for  their  prejudices  against  the  old 
population. 

To  understand  the  force  of  this  accusation,  it  must  be 
known  that,  since  the  United  States  had  taken  possession 
of  Louisiana  in  1808,  there  had  always  been  in  it  two 
parties,  designated  as  the  "French,"  and  "American" 
party,  which  were  bitterly  opposed  to  eack  other,  and 
invariably  pitted  in  hostile  array,  particularly  in  the 
Legislature.  The  French  party  had  opposed  with 
violence  the  annexation  to  the  State  of  what  was  called 
the  "  Florida  Parishes,"*  because  it  increased  the  American 
population  and  consequently  the  American  influence ;  and 
the  American  party,  for  the  very  same  reason,  hailed  it 
with  enthusiast:.  It  is  difficult,  at  the  present  time,  to 
convey  an  adequate  idea  of  the  virulence  of  feeling  then 
entertained  by  these  two  parties,  and  of  the  jealousies,  in- 
justices, and  collisions  to  which  it  gave  rise.  It  em- 
bittered social  intercoui'se,  Qiade  a  perpetual  storm  of 
political  life,  and,  at  one  time,  almost  threatened  the  State 
with  civil  war.f  It  was  lamentable,  and  a  sad  specimen 
of  human  inflnuities,  to  see  New  Orleans,  in  the  hour 
of  triumph,  suddenly  transformed  into  an  arena  of  strife 
and  angry  passions,  where  the  citizens  seemed  ready  to 
fly  at  each  other's  throats.  In  this  state  of  excitement, 
Louaillier,  a  native  of  France,  but  a  naturalized  dtizen, 
whom  we  have  mentioned  several  times  as  one  of  the 
leading  and  most  active  members  of  th^  House  of  Re- 
presentatives, and  who,  although  residing  in  the  comity 
of  Oppelousas,  had  remaimed  in  town  since  the  a^oorn- 
ment  of  the  Legislature,  gave  vent  to  his  imprudent  in- 
dignation in  the  following  pubHcation  which  appeared 

y*  See  page  978. 

t  Bee  ^le  teitlaumy  given  before  tlie  Comstittee  to  inTeitfjp,te  th*  ouises 
which  gaVe  daa  to  a  military  iatetfiBrenQe  iHth  the  LegUUtnre  <m  the  28th  of 
December,  iSli.  ' 


1815.] 


LOUAILLIER  8   PUBLIOATIOir. 


587 


in  one  of  the  journals  of  New  Orleans,  on  the  3d  of 
March:  ' 

"  Mb.  Editob,— To  fmnain  eUent  an  the  last  G«nenl  Oi<den,  direot- 
ing  all  the  Frenohmeu  who  now  reside  in  New  Orleans,  to  leave 
within  three  days,  and  to  keep  at  a  distance  of  120  miles  from  it, 
would  be  an  act  of  cowardice  which  ought  not  to  be  expected  fVom 
a  citizen  of  a  free  country ;  and  when  erery  one  laments  such  an 
abuse  of  authority,  the  press  ought  to  denounce  it  to  the  peo- 
ple. 

**  In  order  to  encourage  a  communication  between  bodi  countries, 
the  7th  and  8th  articles  of  the  treaty  of  cession  secure  to  the  French 
who  shall  come  to  Louisiana,  certain  commercial  advantages  which 
they  are  to  enjoy  during  a  term  of  twelve  years,  which  are  not  yet 
expired.  At  the  expiration  of  that  time,  they  shall  be  treated  in  the 
same  manner  as  the  most  jfovored  nation.  A  peace,  iHUoh  nothing  is 
likely  to  disturb,  uniting  both  nations,  the  French  have  until  this 
moment  been  treated  in  the  Utaitcd  States  with  that  regard  which  a 
great  people  deserves  and  requires,  even  in  its  reverses,  and  with  that 
good  will  which  so  eminently  distinguishes  the  American  Govern, 
ment  in  its  relations  with  foreign  nations.  In  such  oiroomstanoes, 
what  can  be  the  motives  which  have  induced  the  Commander-in- 
Chief  of  the  7th  district,  to  issue  general  orders  of  so  vexatious  a  na- 
ture ?  When  the  foreigners  of  every  nation,  when  the  Spaniards,  and 
even  the  English,  are  permitted  to  remain  unmolested  among  us, 
shall  the  FreilcK  fdone  be  oondemaed  to  ostracisnl,  beoauso  they 
rendered  too  great  services?  Had  they  remained  idle  spectators 
of  the  last  events,  could  their  sentiments  toward  us  be  doubted, 
then  we  might  merely  be  surprised  at  the  course  now  followed 
with  regard  to  them.  But  now,  are  we  to  restrain  ouir  indignation 
when  we  remember  that  these  very  Frenchmen  who  are  now  exiled, 
have  so  powerftilly  contributed  to  the  preservation  of  liouisiana? 
Without  speaking  of  the  corps  who  so  eminently  distinguished 
themselves,  and  in  whidi  we  see  a  number  of  Frenchmen  rank 
either  as  officers  or  privates,  how  can  we  fosget  that  they  were 
French  artillerists,  who  directed  and  served  a  part  of  those  {neces 
of  cannon  whidh  so  greatly  annoyed  the  British  fortes  f  Can  any 
one  ^tter  himis(plf  that  Undh  important  services  eould  have  so  soon 
been  fingottenf  Ko,  they  ate  ebgraved  in  everiasting  characters 
on  the  beans  of  all  the  inhabitants  of  Lovsiana,  and  they  shall 
form  a  brilliant  part  in  the  history  of  their  country;  and  when 
those  brave  men  ask  no  other  reward  than  to  be  permitted  peacr 


■,'••''5'  'I 


^tl 


r  • '■■>  ■    t 

■•Mr, 

.■•■■;.iV; 

':-,'-^r/ ■':■]] 

^■^^■^•':  J] 

,.•  <■•:-/'■  '•'•  1] 
.■;    :■•■,;•  ) 

:.-^>;-^  '■■  V 

,-.  V   •••  *<  ''■    '■, 
•■J  .     -•*    •       •>] 


%'■'■ 


'■  ■''' ; 


i*-i. 


588 


iouaillier's  publication. 


[1816. 


I'f 


•if*. 


% 


M' 


ably  to  enjoy  among  us  the  rights  secured  to  them  by  treaties  and 
the  laws  of  America,  far  from  sharing  in  the  sentiments  which  have 
dictated  the  General  Order,  we  avail  ourselves  of  this  opportunity 
to  give  them  a  paUi«  testimony  of  our  gratilade. 

"  Far  from  as  be  the  idea,  that  there  is  a  single  Frenchman  so 
pusillanimous  as  to  forsake  his  country  merely  to  please  the  mili- 
tary commander  of  this  district,  and  in  order  to  avoid  the  proscrip- 
tion to  which  he  has  condero  led  them.  We  may  therefore  expect 
to  see  them  repair  to  the  Consul  of  their  nation,  there  to  renew  the 
act  which  binds  them  to  their  country.  But  supposing  that,  yield- 
ing to  a  sentiment  of  fear,  they  should  consent  to  cease  to  be 
French  citizens,  would  they  by  such  an  abjuration  become  Ameri- 
can citizens  ?  No,  certainly  they  would  not ;  the  man  who  would 
be  powerftd  enough  to  denationalize  them,  w  .'uld  not  be  powerful 
enough  to  give  them  a  country.  It  is  better,  therefore,  for  a  man 
to  remain  a  fkithfhl  Frenchnum,  than  to  suffer  himself  to  be  scared 
even  by  the  martial  lawj  a  law  useless,  when  the  presence  of  the 
foe  and  honor  call  us  to  arms,  but  which  becomes  degrading,  when 
their  shameful  flight  suffers  us  to  enjoy  a  glorious  rest,  which  fear 
and  terror  ought  not  to  disturb. 

"But  cotdd  it  be  possible  that  the  Constitution  and  laws  of  our 
country  should  hare  leflb  it  in  the  power  of  the  several  commanders 
of  military  districts,  to  dissolve  ijl  at  once  the  ties  of  friend«ihip 
which  unite  America  and  the  nations  of  Europe  ?  Would  it  be 
possible  that  peace  or  war  would  depend  upon  their  caprice,  and 
the  friendship  or  enmity  they  might  entertain  for  any  nation.  We 
do  not  hesitate  in  declaring,  that  nothing  of  the. kind  exists.  The 
President  alone  has,  by  law,  the  right  to  adopt  against  alien  enemies 
such  measures  as  a  state  of  war  may  render  necessary,  and  for  that 
purpose  he  must  issue  a  proclaraation ;  but  this  is  a  power  he  can- 
not delegate.  It  is  by  virtc«i  of  that  law  and  a  proclamation  that 
the  subjects  of  Great  Britain  were  removed  from  our  seaports  and 
and  s^  shores.  We  do  not  know  any  law  autho|rizing  General 
Jaekson  to  aj^ly  to  alim  friend*  a  measure  which  the  President 
himself  has  only  |)he  right  to  adopt  against  alien  enemies. 
'  *'  Our  laws  protect  strangers  who  come  to  settle  or  reside  among 
us.  To  the  Sovereign  atone  belongs  the  right  of  depriving  them  of 
that  protection ;  and  aU  those  who  know  how  to  appreciate  the 
title  of  an  AxueAwn  oitiMB,  and  who  art  acquainted  with  their 
prerogatives,  will  easily  understand  that,  by  the  SovcrefgD.  I  d)p  by 
no  means  intmd  to  designate  a  Miflor-General,  or  any  other  mili- 
^  tary  commander,  to  whom  I  willingly  grant  the  power  of  issuing 


^Pl^: 


1818.] 


LOUAILLIEB  8   PUBLI'       ION. 


589 


general  orders  like  the  one  iii  question,  but  to  whom  I  deny  that 
of  having  them  executed. 

"  If  the  last  General  Order  has  no  object  but  to  inspire  us  with  a 
salutary  fear ;  if  it  is  only  destined  to  be  read ;  if  it  li  not  to  be 
followed  by  any  act  olhriolence ;  if  it  is  only  to  be  obeyed  by  those 
who  may  choose  to  leave  the  city  in  order  to  enjoy  the  p«re  air  of 
the  country,  w^e  shall  forget  that  extraordinary  order;  but  should 
any  thing  else  happen,  we  are  of  opinion  that  the  tribunals  will, 
sooner  or  later,  do  justice  to  the  victims  of  that  illegal  order. 

"  Every  alien  friend,  who  shall  continue  to  respect  the  laws 
which  rule  oar  country,  shall  continue  to  bo  entitled  to  their  pro- 
tection. Could  that  General  Order  be  applied  to  us,  we  should 
calmly  wait  until  we  were  forced  by  violence  to  execute  it,  well 
convinced  of  the  firmness  of  the  magistrates  who  are  the  organs 
of  the  law  in  this  part  of  the  Union,  and  the  guardians  of  public 
order. 

"  Let  us  conclude  by  saying,  that  it  is  high  time  the  laws  should 
resume  their  empire ;  that  the  citizens  of  the  State  should  return 
to  the  fViU  enjoyment  of  their  rights ;  that,  in  acknowledging  that 
we  are  indebted  to  General  Jackson  for  the  preservation  of  our 
city  and  the  defeat  of  the  British,  we  do  not  feel  much  inclined, ' 
through  gratitude,  to  sacrifice  any  of  our  privileges,  and  less  than  any 
other,  that  of  expressing  our  opinion  about  the  acts  of  his  adminis- 
tration ;  that  it  is  time  the  citizens  accused  of  any  crime  should  be 
rendered  to  their  natural  judges,  and  cease  to  be  dealt  with  before 
special  or  military  tribunals — a  kind  of  institutions  held  in  abhor- 
rence even  in  absolute  governments ;  and  that  having  done  enough 
for  glory,  the  time  for  moderation  has  arrived ;  and  finally,  that 
the  acts  of  authority  which  the  invasion  of  our  country  and  our 
safety  may  have  rendered  necessary,  are,  since  the  evacuation  of 
it  by  the  enemy,  no  longer  compatible  with  our  dignity  and  our 
oath  of  making  the  Constitution  respected.'* 

'   .     i  -< 

The  very  next  day,  the  4th,  Jackson  ordered  the  arrest 
of  Louaillier,  and,  in  explanation  or  in  support  of  his 
order,  the  piiblication  of  the  Seoond  Section  of  the  Act 
of  Coo^ess  for  establishing  Bules  and  Articles  of  War, 
which  reads  as  follows :  "  In  time  of  war,  all  persons, 
not  citizens  o^  or  owiug  allegiance  to,  the  United  States, 
wiio  shaH  be  fonnd  lurking  as  spies  in  or  about  the 
fortifications  or  encampments  of  the  armies  of  the  United 


I,    ■fi 

■■   ■'■■$  , 


HI 


': 


^J 


'"i.?'*^-  ■■  j1 

■    ■;■  ,'  ■      f  \ 

.■V, •>«•(;  5 

■'.    .»*  ■:  •.  1 


V    it] 
*  1 


•*■■   ■    'J  ;    . 


*.  I.  ;■ 


f,T'... 


i'%: 


.■■^^f"  '■ 


590 


ARREST   OF    LOUAIXLIER. 


[1815. 


iv' 


mm 

^i, 

Wm 

^S 

W^m 

h|SI  ; ' 

H^Wh 

Su*tf  * 

1 

i 

1 

p 

^p 

w^^' 

m 

K: 

jl^Smm 

|^SwT^<4 

MK^fl^ 

wBK'^  •*. 

Mppa 

1 

1 

Status,  or  an}'  of  them,  shall  suffer  death,  according  to 
the  laws  and  usages  of  nations,  by  sentence  of  a  general 
court-Qiartial/'  On  Sunday,  the  5th,  at  noon,  near  the 
Exchange  Coffee  House  which  was  tht n  a  place  of  much 
resort,  Louaillier  was  arrested.  He  instantly  desired 
Morel,  a  member  of  the  bar  and  a  man  of  great  energy, 
who  happened  to  be  near  him,  to  adopt  legal  means  tor 
his  relief.  Morel  immediately  applied  for  a  writ  of  Hab- 
eas Corpus  to  Martin,  who  had,  at  last,  been  recently  ap- 
pointed with  the  consent  of  the  Senate,  to  occupy  the 
seat  so  long  vacant  on  the  bench  of  the  Supreme  Court 
on  account  of  the  persevering  rejection  by  the  Senate  of 
all  the  nominations  made  by  the  Governor.  But  Mar- 
tin refused  to  interfere  on  the  ground  that,  in  a  previous 
case,  the  Court  had  already  decided  that,  having  only  ap- 
pellate jurisdiction,  it  could  not  issue  the  writ  of  Habeas 
Corpus,  especially  as  it  was  alleged  that  the  prisoner 
was  aiTested  and  confiuv  >d  fortrial  bet()re  a  court-mailial, 
under  t^e  authority  of  the  United  States.*  Morel's 
next  step  was  to  apply  to  Hall,  the  District  Judge 
of  the  United  States,  for  a  writ  of  prohibition,  to  stay 
proceedings  against  his  client  in  the  court-martiaL  As 
it  was  Sunday,  the  court  was  not  in  session;  Judge  Hall 
expressed  a  doubt  of  his  authority  to  order  such  a  writ 
in  Chambers,  and  said  he  would  take  time  to  consider. 
Morel  withdrew,  but  soon  after  returned  with  a  petition 
for  a  writ  of  Habeas  Corpus,  which  Hall  ordered  to  be 
issued  after  exacting  of  Morel  the  promise  that  he  would, 
before  the  serving  of  the  writ,  have  the  courtesy  to  give 
General  Jackson  information  of  his  application  for  it, 
and  of  the  order  of  the  Court.  Morel's  oommunication 
prod.uced  one  of  those  terrific  explosions  of  anger  to 
which,  Unfortunately,  the  General  was  but  too  much  in- 
clined.    He   immediately   wjoie  to  Colonel  Arbuckle 

»  Martin'B  History,  p.  894,  vol.  2,  Do.  p.  896. 


1815.] 


ARBBBT  OF  JUDGE   HALL. 


tw 


that,  having  received  proof  that  Dominic  A.  Hall  had 
been  aiding^  ahetHng  and  eoDoiting  mutiny  in  hie  camp, 
he  demred  that  a  detachment  should  be  sent  forthwith 
to  arrest  and  confine  him,  and  that  a  speedy  report  be 
made  of  the  execution  of  the  order.  "  You  will,"  said 
the  General,  ^'  be  vigilant,  as  the  agents  of  our  enemy 
are  more  numerous  than  we  expected.  Yiu  will  be 
guarded  against  escape.'*  Hall  was  an  Englishman  by 
birth,  and  this  circumstance  perhaps  contributed  to  in- 
flame the  wrath  of  General  Jackson. 

The  judge  was  arrested  in  his  own  house,  at  nine 
o'clock  in  the  evening,  on  Sunday,  and  taken  to  the  Bar- 
racks where  he  was  confined  in  the  same  room  with 
Louaillier.  As  soon  at  this  was  asceiiained,  an  officer 
was  sent  to  demand  from  the  derk  of  the  District  Court 
of  the  United  States  the  surrender  of  LouaiUier^s  peti- 
tion, on  the  back  of  which  Hall  had  wiitten  the  order 
for  issuing  the  writ  of  Habeas  Corpus.*  The  clerk  re- 
plied, that  according  to  the  rules  of  the  court,  he  could 
not  pai>t  with  any  original  paper  filed  in  his  office,  and 
that  he  was  ignorant  of  any  right  in  the  Commander-in- 
Chief  to  interfere  with  judicial  records.  After  much  so- 
licitation, however,  he  was  prevailed  upon  to  accompany 
Jackson's  emissary  to  headquarters,  and  carry  with  him 
the  document  for  the  inspection  of  the  General  On  his 
arrival,  he  was  asked  by  Jackson  whether  it  was  his  in- 
tention to  issue  the  writ  ordered  by  the  imprisoned 
judge.  The  clerk  firmly  answered  that,  "it  was  his 
sworn  duty  to  do  so,  and  that  he,  most  assuredly,  would 
not  fail  to  perform  it."  He  was  threatened  with  being 
treated  like  the  judge,  but  he  boldly  persisted  in  his 
determination,  and,  on  retiring,  asked  for  the  return  of 
the  petition  which  be  had  handed  to  Jackson  fer  perusx 
al.     He  met  with  a  peremptory  refusal ;  he  was  told  that 

*  Martin's  History  of  Louisiana,  p.  897. 


.»  .t». 


■;■."     il 

.  I. .  «i 


■sj 


.••■■,■.     i! 

■ V'lfT  1 
^^  ■,.'.■■  '" 

■  ■'■■  *,.'.  J 

:■■■-■  :\v   V' 


:  1 

i 


r 

\  ' 


V 

'v 


p,., 

M 


m-. 


592 


FIBMNUiiB   OF   DITJ<£A8IS. 


[1810. 


the  poper  waa  retained  to  convict  the  judge  oi  forgery ^ 
because  he  Lad  altered  the  date  from  the  5th,  which  was 
originally  that  of  his  order,  to  that  of  the  6th.  This  had 
been  done  on  his  reflecting  that  the  fifth  was  Sunday. 
At  this  juncture,  an  express  arrived  from  Washington, 
bringing  intelligence  that  the  treaty  of  peace  had  been  rati- 
fied, and  that  the  exchange  of  the  ratificationb  had  taken 
place  on  the  17th  of  February,  but,  "  by  some  unaccount- 
able accident,  a  dispatch  on  another  subject  had  b<jen 
substituted  for  the  one  intended  to  give  an  official  no- 
tice of  the  event,"  as  stated  by  General  Jackson  in  a 
communication  which  he  had  addressed,  some  time 
since,  to  General  Lambert,  as  already  recorded  in  this 
History." 

H  *The  exciting  news  of  the  arrival  of  the  courier  and 
of  the  arrest  of  Louaillier  and  Judge  Hall  had  attracted 
a  great  crowd  to  headquartecs.  It  was  drawing  late  in 
the  night  At  12  o'clock,  Duplessis,  the  Marshal  of  the 
District  Court  of  the  United  States,  who,  during  the 
invasion,  had  acted  as  a  volunteer  Aid  to  General  Jackson, 
made  his  appearance  in  the  saloon  of  his  Chief.  On  seeing 
him  approach,  Jaiikson  walked  to  him  hastily,  saying :  "I 
have  shopped  the  Judge."  Duplessis  looked  very  grave, 
and  uttered  no  words  of  approbation ;  this  struck  the 
General.  "  Is  it  possible,"  he  said,  "  that  you  would 
have  served  the  writ  '<''  "  Certainly,"  replied  Duplessis ; 
'^  I  am  the  ministerial  officer  of  the  Court,  and,  as  such, 
bound  to  execute  any  writ  which  it  may  direct  to  me. 
I  have  ever  done  my  duty,  and  will  continue  to  do  so ;" 
and,  casting  a  stem  look  at  the  General,*  whose  frown- 
ing brows  showed  his  displeasure,  he  added :  "  I  will, 
without  hesitation,  serve  the  Court's  writ  on  <my  man^ 
Jackson  pointed  to  a  copy  of  the  proclamation  of  mar- 

*  Martin's  History  of  Louisiana,  p.  898,  vol.  2. 


[181S. 

forg&ry, 

h\ch  wsM 

rhisbacl 

Sunday. 

liMjerj  rati- 
ad  taken 
naccount- 
had  b«3en 
)fBcial  no- 
won  in  u 
ame  time 
)d  in  this 

>iirier  and 
I  attracted 
Dg  late  in 
ihal  of  the 
luring  the 
Jackson, 
On  seeing 
lying:  **I 
ery  grave, 
itruck  the 
►u  would 
luplessis ; 
[,  as  such, 
ict  to  me. 
do  so ;" 
)se  frown- 
:  "I  will, 
y  man.^^ 
of  mar- 


1810.] 


ARUK3T   OF    DICK    A>T)    HOLLANDEK. 


m\ 


tial  law  which   was  lying  on  a  table,  and   said   with 
emphasis :  "  I  also  will  <lo  my  duty.'* 

Having  taken  these  energetic  measures  to  give  as- 
Hurance  to  the  public  that  he  would  permit  no  inter- 
ference with  what  he  thought  his  legitimate  authority, 
Jackson  was  becoming  more  self-possessed,  and  Mr 
judgment  was  recovering  the  mastery  over  the  natural 
heat  of  his  temper,  when  an  orderly-sergeant  sent  by 
Colonel  Arbuclrle,  who  had  Judge  Hall  in  custody,  ar 
rived  and  informed  the  General  that  the  Judge  wishea 
to  be  permitted  to  make  an  affidavit  before  a  magistrate, 
in  order  torasort  to  legal  measures  for  his  release,  anu 
that  Colonel  Arbuckle  dticnrod  to  know  if  the  prisoner's 
application  was  to  be  granted.  Jackson  immediately 
fired  up  again  at  this  attempt  to  resist  him  ;  he  refused 
to  permit  the  access  of  a  magistrate  to  Hall,  and  order- 
ed the  crrest  of  Hollander,  one  of  the  principal  mer- 
chants of  New  Orleans,  for  some  reason  which  has  never 
transpired,  but  soon  after  released  him.  Dick,  the  Dis* 
triot  Attorney  of  the  United  States,  came  to  the  assist- 
ance of  Hall,  and  applied  to  Lewis,  one  of  the  District 
Judges  of  the  State  ibr  a  writ  of  Habeas  Coipus  on  be- 
half of  the  Judge.  Lewis  was  then  acting  as  a  subaltern 
officer  in  the  Orleans  Rifle-company,  whose  conduct 
during  the  invasion  had  received  the  special  commenda- 
tion of  General  Jackson.  Lewis  did  not  hesitate,  he  laid 
down  his  soldier's  rifle,  resumed  his  fhnctions  as  Julge, 
and  issued  the  writ.  Jackson  instantly  ordered  the  ar 
rest  (^  Dick  aud  Le^'is;  bi^  Colonel  Arbuokleto  whom 
the  writ  issued  by  Lewis  lud  been  directed,  having  re- 
fused to  surrendw  his  prisoner  on  the  ground  that  he 
had  been  committed  by  the  Commander-in-Chief,  und^r 
the  aiiKthecity  of  the  United  States,  Jackson  counter- 
manded hia  orders  as  to  Lewis  who  had  not  yet  becu  ar- 


V 


■    1 

V      -   ,1 

.4  w 


>»  ■.    f  V  I 

''I 


. ;      '.I 


'    K 


"'.       ■•   '.. 


•     1 


38 


'»:'-^- 


Ik 


594 


THE  JIILITIA    DISBANDED. 


[1815. 


C'"  <■■■ 


[i'  ■■ 

J, '  ' 


^>' 

^rj 

#  . 
fe 


*'•■'■■• 

If-: 


rested.    But  Dick*  was  confined  at  the  Barracks  with 
Hall  and  Louaillier. 

On  the  8th,  perhaps  as  a  set-off  to  the  rigor  of  these 
proceedings,  and  as  an  act  of  conciliation,  Jackson  issaed 
the  following  "  general  order,"  disbanding  the  militia  of 
the  State :  ^ 

"  Although  the  commanding  General  has  not  received  official 
adyioe  that  the  state  of  war  has  ceased  by  the  ratification  of  the 
treaty  of  peace  between  the  United  States  and  Great  Britain,  he 
has  persuasive  evidence  of  the  fact,  and  credits  it,  at  the  risk  of 
being  misguided  by  his  wishes.  IJnder  this  impression,  his  first 
act  is  to  release  from  actual  service  the  body  of  the  militia  of  the 
State,  who  have  taken  the  field  in  obedience  to  the  orders  for  a 
levy  en  masne.  In  discharging  them  from  the  noble  duty  which 
they  were  called  to  perform,  the  General  does  justice  to  the  alacrity 
with  which  they  have  in  general  obeyed  the  call,  to  the  enthusiasm 
which  animated  them  on  the  first  invasion  of  the  enemy,  and  the 
unanimity  and  patriotism  which  disappointed  his  insolent  hopes. 
He  thanks  thera,  in  the  name  o^their  common  country,  for  the 
noble  defence  they  have  made,  and  he  congratulates  them  in  his 
own,  on  the  consequences  it  has  produced.  Louisiana,  though  not 
called  on  for  any  exertion  in  assuming  her  independence,  has 
shown,  by  her  courage  in  its  support,  that  she  knows  how  to  prize 
the  inestimable  blessing ;  her  sons  have  not  only  insured  safety, 
but  have  acquired  even  a  greater  good — ^national  reputation." 

This  was  again  another  full  tribute  paid  to  thepatiiot- 
ism  of  the  Louisianians  and  a  complete  vindication,  if 
they  had  needed  any,  against  all  those  rumors  of  dis- 
affection and  treason  which  had  been  circulated  against 
them : 

**  Preserve  this  national  reputation,"  continned.  Jsokflon,  **a8  the 
best  reward  of  your  exertions,  and  hand  it  down  lU^amiBhed,  to- 
gether with  your  ejcample,  to  your  posterity.  Let  no  designing 
mesx  induce  you  to  destroy  it,  by  exciting  jealousies  of  your  best 

*  Clidbome'il  Letter  to  tlie  Seeretaiy  of  State,  Maidi  10,  tSli.  BxecuttTo 
Jovnud. 


1815.] 


JACKSON   ON  POPULARITY. 


595 


Mends,  or  divisions  among  yourselves,  by  preaching  party  spirit 
in  peaoe,  insubordination  in  war,  injustice  to  your  brave  compan- 
ions in  arms,  blindness  to  your  own  interests  and,  to  the  true 
character  of  those  enemies  of  your  peace.  Guard  against  these 
evils  as  you  hope  to  enjoy  the  blessings  you  have  so  bravely  won ; 
and  before  you  yield  to  such  perfidious  counsds,  examine  scrupu- 
lously whether  those  from  whom  they  proceed,  deserve  your  confi- 
dence by  any  exertion  they  have  made  in  your  defence." 

This  was  a  plain  allusion  to  those  against  whom  he  was 
contending.  He  then  asseverated  that  a  zealous  wish 
for  the  prosperity  of  the  interesting  country  in  whose 
defence  he  had  been  instrumental  by  the  blessing  of 
Heaven,  had  Induced  him  "  to  give  this  admonitory  cau- 
tion, wWch  those  who  court  popularity  might  represent 
to  the  people  as  being  unnecessary."  He,  however, 
valued  no  popularity  but  that  which  arises  from  a  faith- 
ful discharge  of  duty.  He  assured  the  Louisianians  that, 
in  perfortning  that  duty,  his  sole  object  had  been  to 
secure  their  happiness,  an  J  that  he  would  always  con- 
sider it  as  one  of  the  most  fortunate  incidents  of  his 
life,  to  have  contributed  by  his  exertions  to  the  pros- 
perity of  their  country. 

This  was  tety  soothing  latignage,  Mid,  as  he  seemed  to 
be  now  in  a  relenting  mood,  he  suspended,  until  his 
pleasure  should  be  farther  signified,  the  order  of  expul- 
sion he  had  issued  against  the  French,  who^,  regardless 
of  it,  ha^  all  remained  quietly  at  home.  He  stated  that 
he  granted  that  favor  at  the  solicitation  of  the  principal 
militia  companies  of  the  city,  who  had  pledged  them- 
selves fbr  the  fhture  good  conduet  of  the  French  sub- 
jects. This  was  pouring  some  oil  on  the  stormy  waves 
which  wer^  ef  ery  moment  lashing  theniselves  into  greater 
fury.  But  it  was  too  late,  and  it  was  not  enough.  The 
excit«xneiit  was  too  intense^  and  nothing  would  have 
appeased  it  but  the  immediate  release  of  the  prisoners 
and  the  revocation  of  the  proclamation  of  martial  law, 


..'  'vis:  M 


&.• 


-::} 


■  >  i( '  ci^ 


•■♦.   :>•■'•■■.■  , , 


,    ;f. 


'4   4it' 


■ifM^ 


t-. 


(  •  '1  .  . 

i 

I*   r. 


596 


CLAIBORNE   AND   JACKSON   ON   BAD  TERMS. 


[1816. 


0. 
tit 


m 


'■i» . 


and  Jackson  was  not  disposed  to  yield  to  that  extent^  if; 
disposed  to  yield  at  all.    Those  i|ho  were  most  indig-t 
nant  against  the  General,  and  were  the  loudest  in  the  es-' 
pression  of  their  feelings,  were  encouraged  by  the  know% 
ledge  that  Claiborne,  who  had  been  accused  of  timidity 
and  of  bending  too  much  under  the  federal  rod,  wa»* 
now  disposed  to  show  more  energy,  and  to  use  what  au* 
thority  he  had  for  the  protection  of  the  citizens.    The 
Executive  of  the  State  had  long  been  on  bad  terms  with 
General  Jackson,  by  whom  he  thought  that  hel^ad.  been 
treated  with  studied  neglect. 

When  the  appointment  of  the  volunteer  Aid»de*Camp 
to  General  Jackson,  and  that  of  the  Judge  Advocate,/ 
appeared  in  the  '*  general  order  "of  the  17  th  Decepiber,. 
1 814,  Claiborne  had  observed  to  his  Aid,  Colonel  Shaum- 
burgh :  ''  These  men  will  do  me  much  harm,  if  the  Gene* 
ral  suffers  himself  to  be  imposed  upon."*    It  seems  that 
Claiborne's  apprehensions  w^e  soon  verified.    **From 
that  moment,"  wrote  Shaumbmgh  to  ClaibQrne)  *'  the 
intercourse  between  you  and  the  General  became  less 
Sequent,  and  I  know  also  that  the  General  oftlem  fbund? 
fault  with  you  ;  but  whether  it  proceeded  from  the  in- 
trigues of  those  gentlemen,  I  am  no|^,dble  to  determin^.j, 
I  am,  however,  aware  that  they  were  «;^  <w^,  your, 
enemy."    On  the  23d  of  December,  when  th«  troopi^ 
were  marbhing  from  the  city  to  meet  the  Brit^^h  on 
Viller^'s  plantation,  Claiborne^  at  the  head  of  three 
regiments  of  militia  was  moving  rapidly  in  that  direc- 
tion, when  he  received  the  order  from  General  Jackson' 
to  turn  back  and  occupy  the  GentDly  road.    This  order 
dampened  the  enthusiasm  of  the  men.  as  all  of  theni 
were  anxious  to  meet  thd  enemy,  and  produced  for  a 
moment  among  them  a  feeling  of  discontent»  which 
broke  out  into  murmurs.    On  that  occasion,  Claiborne 

*  Executive  Journal,  (^onespondence  between  Claiborne  and  Shaumborgh. 


1816.]  CLAIBOKNE   TO   JACKSON.  597 

turned  to  Shaumburgli  aud  said :  '^  Do  you  see  that, 
sir  ?  This  fetbe  beginning  of  a  plan  devised  to  keep 
me  iii  the  background."  Shaumburgh  disagreed  with  the 
Governor,  and  eicpressed  the  opinion  that  it  was  highly 
neCvjssary  that  the  Gentilly  road  should  be  strongly 
guarded,  as  the  landing  of  the  enemy  below  the  city 
niight  be  merely  a  false  att$fek.  Claiborne  retained  his 
first  impression,  however,  Mid  the  coolness  between  him 
and  Jackson  sunk  every  day  to  a  lower  degree  of  re- 
frigeration. On  the  24th  of  February,  he  had  ventur- 
ed to  send  t6  Jaekson  the  following  communication  i^  '^^^ 

**  The  undersigned,  the  Governor  of  the  State  of  Loaisiana,  pre- 
sents his  respects  to  Miyor-General  Jackson,  and  informs  him  how 
important  it  is  that  snoh  part  of  the  militia  of  this  State  whose  ser- 
vices can  safely  be  dispensed  with,  be  early  disbanded  and  permit- 
ted to  return  to  thdr  respective  homes.  Independent  of  the  con- 
venience to  fathers  of  families,  on  whose  personal  labor,  this  present 
year,  will  depend  iike  cultivation  of  their  little  farms,  the  nnder- 
signed  brings  to  the  view  of  the  General  the  neglected  state  of  the 
levees  on  the  Mississippi ;  which,  if  not  soon  attended  to,  there  will 
be  no  security,  on  the  rise  of  the  Mississippi,  against  the  inundation 
of  the  lower  part  «f  the  State.  Thenndersigned  parsuades  himself 
that  the  several  detiysbmenti  on  duty  in  the  interior  of  the  State 
may  now  be  relieved  without  endangering  the  pul^ic  safety,  it  be- 
ing understood  thftt  thc^  be  hdd  in  readiness  to  take  the  ield, 
whenever  dangler  menaedK.  Th6  militia  of  thl^city,  whose  private 
afftdrs  do  not  so  Imnoedtately  suffer,  wiU  enable  the  GU>vemmont  to 
dispense  with  the  services  of  the  whole  until  offieial  notice  oi  the 
raUfioAll.<«<^  the  treaty  of  peace."  ixp 

Claiborne  does  not  appear  to  lutve'  had  any  reason  to 
congratulate  himself  on  the  manner  in'  which  his  sugges- 
tions were  receive4,  and»  m  the  name  day,  addreseed 
this  commuDieation  to  MaeoreAu,  who  had  succeeded 
Martin  as  Attom^-GMieral  for  t]»e  @t«te ! 

**  I  find  that  the  Martial  Law  "Wliich  was  pTooMlued  in  the  City 
of  New  Orleans  by  the  "General  Orders'*' of  the  officer  command- 


'*■■".*  ■ 

•  '    '<"'*.■  i .  31 

'-'■'  Pv    -1 

r^>>  ... 


,  *■':••■ 


i.    ' 


1:  ::^i- 


;*,*■  ■ 
■  ■  ■' " "» '■  i 
".'■•erf- 


■:'*r..\v 

,'*.'t,.:'.:' 


•tV*t-:' 


.■  ^^■'■^f-. : 


•":■■!:-' 


598 


CLAIBOBNE  TO  MAZUEEAU. 


[1816. 


i^ 


ing  the  forces  of  the  United  States,  in  the  Seventh  Military  District 
of  which  this  State  makes  a  part,  continues  to  be  enforced  to  the 
injury  of  our  fellow-citizens.  If  the  liability  of  an  American  citi- 
zen, not  in  the  military  service  of  the  United  States,  to  baVe  his 
conduct  tested  by  the  arbitrary  principle  of  Martial  I^a  w  can  ever 
exist,  it  cannot  certainly  be  expected  to  be  endured  at  another 
moment  than  that  of  the  actual  invasion  of  that  part  of  the  country 
in  which  it  is  proclaimed.  Te^,  although  the  enemy  does  not  at 
this  time  occupy  an  inch  of  ground  within  this  State,  the  capital 
of  Louisiana,  the  City  of  New  Orleans  and  its  environs,  continue  to 
be  the  theatre  of  military  dominion.  The  plea  of  necessity  under 
which  alone  this  measure  is  said  to  be  grounded  ceasing  to  give  it 
any  justificatibn,  I  can  no  longer  remain  a  silent  spectator  of  the 
prostration  of  the  laws.  I  therefore  request  you,  without  loss  of 
time,  to  repair  to  this  city  and  resume  your  official  duties,  in  order 
to  give  your  aid  to  the  civil  magistrates,  particularly  the  inferior 
ones ;  and,  on  receiving  information  of  any  attempt  of  the  military 
to  seize  the  person  of  any  private  citizen  not  actually  in  the  mili- 
tary service  of  the  United  States,  you  are  specially  instructed  to 
take  for  his  protection,  and  for  avenging  the  injured  laws  of  this 
State,  such  measures  as  your  knowledge  of  those  laws  will  point 
out." 


ii 


k'Jl'- 


■  ••  ' 


•jlV 

m 

M 


Claiborne  also  took  the  rather  extraordinary  step  of 
sending  to  Governor  Shelby  of  Tennessee  and  other 
persons  in  anthority,  a  oirculm'*  in  which  he  said : 

'  *'  Yon  will  learn  with  regret  that  an  unfortunate  nusunderstand- 
ing  exists  between  M^or-Generalt>.^jkso]tand  the  Legislative  and 
Executive  authorities  of  Louisiana,  against  the  htter  of  which  I 
have  every  reason  to  believe  his  resentment  is  more  immediately 
directed.  With  a  favorite  and  victorious  ohi^,  whose  gallantry 
and  exploits  have  attracted  so  much  admiration^  I  am  well  aware  I 
can  enter  into  no  oouteet  upon  equal  grounds.  Thdre,  however,  is 
a  shield  which  a'kmd  Providence  furnishes  the  cjnuse  of  justice  and 
truth,  which  resists  present  attacks  and  grows  stronger  with  time. 
On  fbrmer  trials  I  have  experienced  the  stroigth  bfthis  khield,  rior 
on  the  pitwent  can  it  itil  to  extend  to  me  the  mott  ample  teourity. 
I  acknowledge  that  Genecit  Jackson  has  rendered  important  ser- 
vice, nor  do  I  deny  him  the  posseii^ion  of  some  great  qualities;  but 
the  violence  of  his  temper  casta  a  shade  upon  them  all,  and  in  this 

*  Executive  Journal. 


■•>      '4.4.. 


1816.] 


LABGE   MEETINGS   OF   OITIZENS. 


591) 


capital  he  has  observed  a  coune  which  cannot  easily  be  excased, 
maoh  less  justified,  by  those  who  feel  a  proper  regard  for  the  rights 
of  others.'* 

All  these  proceedings  seemed  to  indicate  preparations 
to  resist  tlie  federal  authority  exercised  by  Jackson.  The 
public  mind  was,  therefore,  much  agitated  at  the  pros- 
pect of  such  a  conflict.  Cl^borne*  had  been  heard  to 
declare  in  words  of  mysterious  import :  "  That  serious 
difficulties  would  be  shortly  witnessed  in  New  Orleans." 
Large  meetings  of  citizens  were  held ;  some  suggested 
that  a  formal  rec^uest  should  be  addressed  to  the  Grov- 
emor,  to  put  himself  at  the  h<\ad  of  the  militia  of  the 
State,  and  that  Duplessis,  the  Marshal  of  the  United  Staten 
District  Court,  be  invited  to  call  out  fche  posse  comitatus 
of  the  district,  to  support  the  authority  of  the  judiciary. 
FortUixately,  the  counsels  of  moderation  prevailed,  and 
no  other  act  of  violence  was  perpetrated  than  the  des- 
truction of  a  transparent  portrait  ot  General  Jackson, 
which  had  been  displayed  in  the  main  hall  of  the  Ex- 
change Coffee  House.  A  number  of  officers  immediately 
assembled,  and  compelled  the  proprietor  of  the  Coffee 
House  to  exhibit  a  new  transpai'ent  like  the  preceding 
one,  and  illuminate  the  hall  in  more  than  the  usual 
manner.*  They  took  their  stand  near  the  obnoxious 
painting,  with  the  obvious  intention  of  resisting  by  foice 
any  attempt  to  pull  it  down.  It  is  even  said  thdt  troops 
were  in  r^iness  to  march  to  the  Coffee  House  on  the 
first  summons.  New  Orleans  had  become  ^ike  a  maga- 
zine of  gunpowder ;  the  least  spark  might  have  produ- 
ced an  Explosion. 

Livingston,  the  great  jurist,  who  was  <me  of  the  Aids, 
the  confidential  adviser,  and  the  bosom  friend  of  General 
Jackson,  was  suspected  of  not  disapproving,  if  he  had 
not  sanctified  or  suggested  the  proceedings  to  which 

*  Martin's  History,  p.  408,  vol.  2. 


Jr  'i 

'■■*».     „  1 


■•V;:;.t.'  \\ 

.     1..  '.,r .  .     H 
'"■■  '\'^  '■  i 

^  '-%:  ■■.    ' 


:J^!;: 


I*-    .•; 


lit:; 


I  «. 


0 


I-l« 


600 


LIVINGSTOTi's   INCONSISTENCIES. 


[1815 


Jackson  had  resorted.  He  had  become  an  object  of  ex- 
ecration to  many ;  lie  truckles  now,  they  said,  to  that 
very  tyranny  which  he  so  courageously  opposod  in  1806, 
when  he  confronted  General  Wilkinson.  Are  we  not 
now  in  the  very  same  circumstances  which  he  described 
"  as  so  new  in  the  history  of  our  country,  that  ^hey  will 
not  easily  gain  belief  at  a  distance,  and  can  scarcely  be 
realized  by  those  who  belield  them?  A  dictatorial 
power  assumed  by  the  Commander  of  the  American 
army — the  military  arrest  of  citizens  charged  with  a  civil 
offence — ^the  violation  of  the  sanctuary  of  justice!  An 
attempt  to  overawe,  by  denunciation,  those  who  dared 
professionally  to  assert  the  authority  of  the  laws — the 
unblushing  avowal  of  the  employment  of  military  force 
to  punish  a  civil  offence,  and  the  hftrdy  menace  of  perse- 
vering in  the  same  course,  were  circumstances  that  must 
command  attention,  and  excite  corres|)pnding  sentiments 
of  great  indignation  and  contempt."  Such  was  his  lan- 
guage in  form^  days.    He  then  said:  ^^ 

"  We  most  sufibr  the  evils  to  which  we  are  exposed.  Let  us, 
however,  do  it  with  fortitude,  and  never  be  tempted  to  any  act 
which  may  enlist  us  on  the  side  of  those  who  trample  on  our  Cop; 
stitution,  sport  v  ith  our  liberties,  and  violate  our  laws.  Let  us 
remember  that  the  day  of  retribution  will  arrive,  ^nd  is  not  far 
distant,  when  s  strict  account  will  be  taken  as  well  of  the  wanton 
abuses  as  of  the  sham^l  dereliction  which  permits  them.  But 
let  us  striVe,  bf  our  zeal  in  the  support  of  our  country,  by  out  sub- 
misBion  to  lawtUl  aathority,  by  ouj*,  opposition  to  every  foreign  qy 
domestic  fo%  1 0  show  t|iat  there  is  n^  pretext  for  the  dictatorial 
power  that  if  .aisjamed  over  us." 

AlVliat  more  appropriate  in  the  present  state  of  things 
thain  the  emphatie  ^xprmss^ns  usjed  by  l)im  in  identical 
cireumstMices: 


"I  have  said  tb^t  we  fnu$t  tuftr.  Nev«r  were  two  words  ntore 
applicable  to  our  situ&tion.  It  it  one  of  the  most  diwmdfy  to  an 
independent  minr',  of  any  that  can  be  imagined—- subject  to  the 


1816.] 


LIVINGSTON  S  INCONSISTENCIES. 


601 


ur  controlled  will  of  a  single  man,  to  whom  the  hearsay  talcs  of 
sli  n^er  are  proofs ;  and  who,  on  his  own  evidence,  arraigns,  con- 
demns,  and  pnnigfaes  the  accused,  and  insults  tVe  tribunals  of  jus- 
tice 1  What  otate  of  things  can  be  worse?  No  caution  can 
protect !  No  consciousness  of  innocence  secure !  The  evidence  is 
taken  in  private ;  malicious,  cowardly  informers  skulk  around  the 
proconsuPs  office;  tiieir  tales  give  food  to  pre-existing  enmity, 
and  they  avenge  their  own  quarrels  by  secret  denunciations  ot 
guilt.    The  objects  of  official  suspicion  are  confined  1"  ' 

How  pomes  the  same  man,  it  was  asked,  to  act  so  dif- 
'  fereutly  from  his  antecedents  ?  How  comes  he  now  to 
be  found  in  the  proconsul's  office  ?  Is  it  because  Gen- 
eral Wilkinson  wa&ihen  thwarting  his  views,  and  Gen- 
eral Jackson  is  now  favoring  them?  But  if  he  does  not 
continue  true  to  the  liberties  of  the  people,  said  those 
who  denounced  him,  we  shall  profit  by  his  former  ad- 
vice, and  "  give  no  pretext "  to  General  Jackson  for  in- 
dulging in  his  favorite  acts  of  violence. 

The  multitude  were  therefore  advised  to  be  satisfied 
with  giving  vent  to  their  indignation  in  words,  but  to 
abstain  carefully  from  any  outbreak  or  not,  and  whDst 
waiting  a  few  days  longer  for  the  official  news  of  the 
restoration  of  peace,  to  repeat  to  General  Jackson  and 
his  advisers  what  the  eloquent  Workman  had  ssiid  to 
Wilkinson  in  similar  circumstances : 

"  The  law  is  not  dead,  but  sleepeth ;  the  Constitution  is  eclipsedj 
indeed,  but  the  datk  bodies  of  hideous  and  ill-cttnened  forms 
which  have  inteixj^ted  its  light,  and  deprived  us  of  its  genial 
influence,  will  soon  pass  away,  and  we  shall  again  behold  th^  glo- 
rious luminary  shining  forth  in  all  its  original  splendor.'' 

Meanwhile  the  C!ourt-Martial  had  met,  and,  presided 
by  General  Gunes,  was  proceeding  with  ^he  trial  of 
Louailli(»r.  There  were  seven  charges  i^;aiBBt  him  :-^ 
1.  mutiny  ;  2.  ezdting  mutiny ;  ^  general  miecondttct ; 
4.  being  a  spy;  6.  illegal  and  improper  conduct  aiid 
disobe^eaoe  ta orders;  6.  writing  a  wfllful  and  corrupt 
libel  ;    7.  unsoldierlike  behavior    and     violations    of 


>v". 

^'-.T^ 

r  'I  »    ^' 

1 

''i-4,  U 

1 

:      .'v',.  i 

' 

••*•  "•;  1  ■ 

' 

"  ■  ■''••}' 

■*■.'' 

♦ 

i 

.firii:: 

\ 

;.i^ 


.•t<  '  •.       ^      " 

■''■r  ■■■..    :  ' 


i 

^i 


:•',    'f 


G02 


TRIAL   OF   LOUAILLIEB. 


[1816. 


the  proclamation  of  martial  law.  All  these  charges 
rested  on  one  single  fact — the  publication  of  the  3d  of 
March — and  show  what  varieties  of  guilt  could  be  ex- 
tracted from  it.  The  prisoner,  when  brought  to  the  bar 
and  arraigned,  I'efused  to  answer,  and  the  plea  of  not 
guilty  was  ordered  to  be  entered.  His  counsel  pleaded 
to  the  jurisdiction  of  the  Court,  on  the  ground  that  :i.e 
accused  was  a  member  of  the  Legislature,  and,  as  such, 
exempt  from  militia  duty ;  that  the  rules  and  articles 
of  war  were  expressly  established  for  the  gover  iment  of 
the  Army  and  Navy  of  the  United  States,  and  were  not 
binding  on  any  individual  out  of  it^  that  his  client  was 
neither  of  the  army  or  militia,  although,  during  the  in- 
vasion, he  had  performed  military  duty  in  one  of  the 
volunteer  companies  embodied  for  the  maintenance  of 
order  in  the  city ;  *  that  the  proclamation  of  martial  law 
made  no  one  a  soldier  who^was  not  so  before ;  that  it 
vested  no  right  in  the  General,  nor  imposed  on  any  one 
any  obligation  which  did  not  exist  before  ;  that  the 
proclamation  of  martial  law  was  a  mere  warning  that  it 
would  be  enforced  as  it  previously  existed,  and  not  the 
creation  or  introduction  of  something  new.  "What  was 
martial  law  in  the  United  States?  It  w  *s  no  more  than 
that  code  of  regulations  by  which  their  martial  affairs 
were  to  be  governed.  By  what  authority  was  that  code 
to  be  established  ?  By  the  Legislative  power  sJone,  and 
by  that  power  accordingly  it  had  been  framed  and  made 
binding  upon  the  land.  Congress  had  prescribed  rules 
and  articles  of  war,  and  the  President  of  th^  United 
States  himself,  as  Commander-in-Chief,  could  not  add 
anything  to  their  provisions  nor  modify  them  in  the 
slightest  degree.  He  could  no  more  make  ma/rUal  h/w, 
than  he  w^d.  fisccH,  comnwrciaH^  or  crmdncil  law.  It  is 
the  province  of  the  Legislature  to  enact  a  law ;  it  is  the 

V.      4  f^>  :  w;  ,,       *Martin's  History,  p.  404,  vol.  2. 


'.:.• 


[1816. 

charges 
be  3d  of 
i  be  ex- 
>  the  bar 
)a  of  not 
pleaded 
that  wiitt 
,  as  such, 
i  articles  ♦ 
iment  of 
were  cot 
ulient  was 
g  the  in- 
ne  of  the 
enance  of 
artial  law 
e ;  that  it 
a  any  one 
that  the 
ng  that  it 
1  not  the 
Vhat  was 
lore  than 
affairs 
that  code 
Lone,  and 
md  made 
Ibed  rules 
ife  United 
not  add 
in  the 

iw.    It  is 
it  is  the 


1816.] 


TBIAL   OF   LOUAILLIEB. 


608 


exclusive  right  of  the  Executive  to  proclaim  and  to  en- 
force if.  In  the  establishment  of  the  rules  and  articles 
of  war  as  prescribed  by  Oongress  and  in  their  legal  ap* 
plication  there  was  nothing,  it  was  alleged,  incompatible 
with  the  rights  of  the  citizen,  and  the  independence  and 
ordinary  authority  of  the  Judiciary.  On  the  other 
hand,  it  was  maintained  that,  by  universal  usage,  when 
martial  law  is  proclaimed  in  a  place^  all  the  citizens  are 
subjected  like  the  soldiers  to  the  severity  of  military 
regulations,  and  that  Lcuaillier  could  not  therefore  claim 
any  exemption  &om  them;  that  he  was  in  Jackson's 
camp,  and  as  long  asitfae  remained  there,  and  the  procla- 
mation of  martial  law  was  not  revoked,  all  his  acts  \;^ere 
liable  to  be  tried  by  a  court-m.artial  in  conformity  with 
the  rules  and  articles  of  war  existing  in  the  United  States. 
The  Court  sustained  Louaillier^s  plea  to  its  jurisdiction  as 
to  all  the  charges,  except  that  of  being  a  spy.  The 
ground  of  this  decision  was,  that  Louaillier,  not  being  in 
the  service  of  the  United  States,  could  not  be  tried  by 
a  court-martial  in  relation  to  the  other  charges  submit- 
ted to  their  consideration ;  but  they  declared  themselves 
competent  to  take  cognizance  of  the  accusation  brought 
against  him  of  being  a  spy. 

The  decision  of  the  Court  was  manifestly  wrong  as  to  the. 
last  part  of  it ;  they  had  no  authority,  under  the  2d  section 
of  the  rules  and  articles  of  war,  to  tryLonaiUier  as  a  spy, 
because  he  was  a  citieen  of  the  United  States,  to  which  he^ 
oived  dllegicmce.    In  the  case  of  Elijah  Gark^  condemnedy 
in  1812,  to  be  hung  as  a  spy  at  Bu^o,  in  the  State  of  New  , 
York,  by  sentence  of  a  court-martial,  the  execution  beings 
suspended  by  General  Hull  until  the  pleasure  of  the 
President  of  the  United  States  should  l)e  known,  the 
Secretary  of  War  wrote  to  the  General,  "  that  Clark, 
being  considered  a  citizen  of  the  United  States,  and  not  r 
liable  to  be  tried  by  a  court-martial  as  a  spy,  the  Presi- 


■'(■•' 


■:v.*:5!'  i 


■K^  >!:;■' 


1 1 

■    ^    "'A       ■     i 


'-'■■■•••  ^r.    ■ 

- )'  ■  •%  > 

"'.»..'  I,/  '■-' 


;•■,^»;;^"• 


:'  ^: 


604 


TRIAL  OF   LOUAILLIEB. 


[1816. 


(lent  directed  that,  unless  be  sliould  be  arraigned  by  tlio 
Civil  Court  for  treason,  or  a  minor  crime,  under  the  laws 
of  the  Stftte  of  New  York,  he  must  be  discharged*"  In  the 
case  of  Smith,  a  naturalized  Scotchman,  claiming  damages 
for  false  imprisonment,  the  Supreme  Court  of  the  United 
States  decided,  that,  '*as  he  was  an  American  citizen,  he 
could  not  be  cl  .^geable  with  such  an  offence  as  that  of 
being  a  spy ;  tLat  he  might  be  amenable  to  the  civil 
authority  for  treason'^hMi,  could  not  be  prosecuted  under 
martial  law,  as  a  spyJ^  The  Court,  however,  although 
maintaining  that  they  had  jurisdiction  to  try  LouaUlier 
as  a  spy,  acquitted  him  of  the  offimce,  on  the  ground 
that  there  was  no  evidence  before  them  of  Ms  being 
fou^d  ''  lurking  aboid  any  fortification  w  encampment 
of  the  Army  of  the  United  States"  Whatever  may  be 
said  of  the  other  charges  brought  against  Louaillier,  it 
must  be  admitted  tiiat  the  one  which  placed  him  before 
the  Court-Martial  as  a  spy  Was  most  extraordinary,  for 
it  was  a  matter  of  public  notoriety  that  he  was  a  mem- 
ber of  the  Legislature,  in  which  he  had  acted  a  conspi- 
cuous part ;  therefore  a  citizen  of  the  United  States ;  and 
not  only  was  he  not  fov-nd  lurking  about  any  fortifica- 
tion or  encampment,  but  he  had  openly  taken  an  attitude 
of  defiance  against  the  Commander-in-Chie^  whom  he 
had  attacked  by  a  publication  which  was  destined  to 
meet  that  commander's  eye  immediately  after  its  appear- 
ance. But,  setting  aside  the  rules  and  articles  of  war  as 
established  in  the  United  .States,  what  is  a  spy  in  the 
common  acceptation  of  the  word  3  ''  It  is  a  person* 
sent  into  4n  enemy's  cam,p  to  inspect  their  works,  ascer- 
taiu  their  strength  and  their  intention^,  to  watch  their 
movements,  and  aeoretiy  communicate  ^teiligence  to  the 
proper  officer."  Certainly^  it  is  difficult  to  imagine  how 
General  Jackson,  even  when  laboring  under  the  greatest 


'.4^^-"- 


*  Webster's  Dtetienary. 


1815.] 


JACKSOTT   ON   MAKTIAL   LAW. 


005 


•*'  , 


excitement,  could  persuade  himself  that  this  definition 
of  a  spy  coul<  apply  to  LouailUer's  character  and  position. 
On  his  being  informed  of  the  decision  of  the  Court, 
which  was  given  on  the  9th,  he  had  another  of  his  ex- 
plosions of  wrath.  He  refused  to  release  the  prisoner,  and, 
on  the  next  day,  issued  the  following  General  Order : 

"  The  Commandiiig  General  disapproveB  of  the  sentence  of  the 
Conrt-Martial,  of  which  MajoivQeneral  Oainea  is  Prosident,  on  the 
Beveral  charges  and  specifications  exhibited  against  Mr.  Lonaillier ; 
and  is  induced,  by  the  novelty  and  ilhportanoe  of  the  matters  sub- 
mitted to  the  decision  of  that  Court,  to  assign  the  reasons  of  this 
disapproval.  /       " 

**  The  charges  against  the  prisoner  >rere  mutiny,  exciting 
mutiny,  general  miscondnct,  for  being  a  <)py,  illegal  and  improper 
conduct,  and  disobedience  of  orders,  writing  a  willful  and  corrupt 
libel  against  the  Commanding  General,  unsoldierly  conduct,  and 
conduct  in  violation  of  a  General  Order ;  all  which  charges  are,  on 
the  face  of  them,  proper  to  be  inquired  into  by  a  court-martial. 
The  defendant  pleaded  td  the  jurisdiction  of  the  Court,  and  founded 
his  exceptions  on  matters  of  fact,  which  exceptions,  as  to  all  the 
charges  and  specifloations  but  one,  the  Court  sustained,  without  in- 
quiring into  the  truths  of  the  facts  (which  not  otherwise  could 
have  appeared  to  them),  U|)on  which  those  exceptions  were  bot- 
tomed. 

"  The  Comman^g  General  is  hot  disposed,  however,  to  rest  his 
objections  upon  any  informality  in  the  mode  of  proceeding  adopted 
by  the  Court ;  but  presuming  that  the  Court  really  believed  the 
truth  of  the  facts  set  forth  in  the  exceptions,  deems  it  his  duty  to 
meet  the  doubts  as  he  supposes  them  to  have  existed.  The  oharao- 
ter  of  the  prisoner  (a  citizen  not  enrolled  in  aiiy  corps,  and  a 
member  of  the  State  Legialattire,  thott^ht  that  Legislatitre  was  not 
in  session),  probably,  in  the  opinion  of  the  Csourt,  placed  him  with- 
out their  reach  upon  the  several  charges  on  which  they  declined 

"  The  enemy  leaving  invaded  jthe  oonntry,  and  threatening  an  at- 
tack on  Itfew'  Orleans,  auiiiy  (SOQffit^etiltfdns  growing  ont  of  tMi 
contingency,  and  oohheoie^  with  the  diefende  of  the  dty;  rendered 
the  adoption  of  the  most  energetic  and  decii^e  measures  neoes^ 
sary.  Martial  law,  as  the  mo^t  comprehensive  and  effectual,  was 
therefore  proclaimed  by  the  Commanding  General — a  state  of 


>     I 


...^ 


t 


'■f  «^" 


■T»L 


f' 


^  ■ ; 


H 


t'.>, 


1^ 


606 


JA0K80N   ON   MARTIAL   LAW. 


[iOl0. 


things  which  made  it  tho  duty  of  every  inhabitant,  Indiacrimin- 
ntcly,  to  contribute  to  tho  defence  of  his  country — a  duty,  in  tho 
opinion  of  tho  Commanding  Qeneral,  more  {HMitive  and  more  ur- 
gent than  any  rosnlting  fit>m  the  common  and  URtidl  transactions 
of  private,  or  even  public  life.  Tho  occasion  that  calls  it  forth 
involves,  at  once,  the  very  existence  of  the  Oovemment,  and  tho 
liberty,  property,  and  lives  of  the  citizens. 

"  Martial  law,  being  established,  applies,  as  the  Oommanding 
General  believes,  to  all  persons  who  remain  within  the  sphere  of  its 
operation,  and  claims  exclusive  jurisdiction  of  all  offences  which  aim 
at  the  disorganisation  of  the  army  over  which  it  extends.  To  a 
certain  extent,  it  is  believed  to  make  ev^  man  a  soldier  to  do- 
fend  the  spot  where  chance  or  choice  has  placed  him ;  and  to  n.ako 
him  liable  for  any  misconduct  calculated  to  weaken  its  defence. 

**  If  martial  law,  when  neoessity  shall  have  justified  a  resort  to 
it,  does  not  operate  to  thin  extent,  it  is  not  easy  to  perceive  the 
reason,  or  the  utility  of  it.  If  a  man  who  shall,  from  choice,  re- 
main within  the  limits  of  its  operation,  and  whose  house  is  without 
these  limits,  and  who  shall  there  labor  by  means  in  his  power  to 
stir  up  sedition  and  mutiny  among  the  soldiery,  inspire  them  with 
distrust  toward  the  oommandiil|;  officer,  and  communicate  to  the 
enemy  intelligence  of  the  disaffection  and  discontent  which  he  him- 
self has  created,  may  safely  avail  himself  of  what  he  may  please  to 
call  his  constitutional  rights,  and  continue  his  dangerous  machina- 
tions with  impunity,  the  Commanding  General  believes  that  it  can 
easily  be  conceived  how  a  man,  thus  influenced  and  thus  acting, 
might  render  the  enemy  more  important  services,  and  do  his  couii- 
try  more  injury  than  he  possibly  could  by  entering  the  ranks  of 
the  enemy,  and  aiding  him  in  open  battle.  Why  is  martial  law 
ever  declared  ?  Is  it  to  make  the  enlisted  or  drafted  soldier  sub- 
ject to  it  ?  He  was  subject  to  it  before.  It  is,  that  the  whole  re- 
sources of  a  country,  or  of  that  district  over  which  it  is  proclaimed, 
may  be  successfully  applied  for  its  preservation.  Every  man, 
therefore,  within  the  limits  to  which  it  extends,  is  subject  to  its  in- 
fluence. If  it  has  not  this  operation,  it  is  surely  a  perfect  nullity. 
Apply  this  view  of  the  subject  to  the  case  berore  the  Conrt,  and 
how  is  it  ?  After  the  adyoumment  of  the  Legislature,  of  which  the 
defendant  claims  to  be  a  member,  he  remained  within  the  camp  of 
the  Aperican  army,  and  within  the  limits  which  are  declared  to  be 
embraced  by  martial  law.  How  doeg  he  then  deport  himself?  In- 
stead of  contributing  to  the  defence  of  his  country,  instead  of  seek- 
ing to  promote  that  unanimity  which  a  love  of  country,  and  the 


indiBcrimin- 
luty,  in  the 
i»d  more  ur- 
traniinctions 
alls  it  forth 
ent,  and  tho 

lommandlng 
sphere  of  its 
QS  which  aim 
tends.    To  a 
loldier  to  do- 
and  to  ii.ake 
I  defence. 
}d  a  resort  to 
perceive  the 
01  choice,  re- 
ise  is  without 
I  his  power  to 
ire  them  with 
anicate  to  the 
[V'hich  he  him- 
nay  please  to 
pons  machina- 
es  that  it  can 
thus  acting, 
I  do  his  couii- 
the  ranks  of 
I  martial  law 
1  soldier  sub- 
the  whole  re- 
lis  proclaimed. 
Every  man, 
)ject  to  its  in- 
srfect  nullity. 
ie  Court,  and 
I,  of  which  the 
the  camp  cf 
ieclared  to  be 
himself?  In- 
[steadofseek- 
itry,  and  the 


1815.] 


JACKSON    ON    MARTIAL   LAW. 


M)\ 


important  trust  which  had  been  reposed  in  him  might  have  led  us 
to^x|)ect,  we  behold  him  endeavoring  to  stir  up  discord,  sedition, 
mutiuy ;  laboring  to  disorganize  and  destroy  an  army  which  liad 
so  lately  defended  his  country,  and  might  so  soon  again  be  ncccH- 
sary  for  its  defence — not  only  inviting  the  enemy  to  renew  his 
attempt,  but  contributing  bis  utmost  to  enable  him  to  succeed,  if 
he  should  obey  the  invitation.  Is  there  no  power  to  restrain  the 
efforts,  or  to  punish  the  wickedness  of  such  a  man  ?  If  he  aids  and 
comforts  the  enemy  by  communicating  to  him  information  of  tho 
mutinous  and  seditious  spirit,  of  the  distraction  and  confusion 
which  he  himself  has  created — why — this  is  treason,  and  he  cannot 
bo  punished  by  a  court-martial.  If  ho  excites  mutiny,  disobedience 
to  orderSi,  and  rebellion  among  the  soldiery,  he  is  not  attached  to 
the  army,  and  cannot  be  restrained.  Why  is  he  not  attached  to 
the  army  ?  Why,  at  such  a  moment,  when  he  remains  within  it, 
is  he  not  subject  to  its  rules  and  regulations  ?  If  the  enemy  comes, 
may  he  fold  his  arms  and  walk  unconcernedly  along  the  linoto,  or 
reiyain  inactive  in  his  room  ?  Can  he  not  be  called  upon  for  his 
exertions  ?  May  he  not  only  refuse  to  render  any  assistance  him- 
'  self,  but,  without  fear  or  reproacl^  do  all  in  his  power  to  render  in- 
effectual tho  exertions  of  others,  of  that  army  which,  in  the  most 
threatening  crisis,  is  fighting  for  the  liberty  and  safety  of  that 
country  whose  liberty  and  safety  he  professes  to  have  so  much  at 
heart  ?  May  he,  at  such  <  a  moment,  proclaim  to  the  enemy  that 
we  are  dissatisfied  with  our  General,  tired  of  the  war,  determined 
no  longer  to  bear  the  restrictions  which  it  imposes,  in  a  word,  dis- 
affected and  disunited,  and  ready  to  yield  to  him  on  his  first  ap- 
proach ?  May  this  man,  a  foreigner,  retaining  the  predilections 
for  the  country  which  gave  him  birth,  and  boasting  of  those  predi- 
lections, may  such  a  man,  under  such  circumstances,  excite  sedition 
and  mutiny,  division  and  disorganisation  in  our  army ;  and  when 
he  is  called  before  the  court-martial  to  answer  for  his  crimes,  say : 
Oentlemerty  you  have  no  right  to  take  eognimnee  of  the  ^J^encee  of  which 
lam  charged  f  Decide  with  the  aoonsed,  no  array  can  be  safe,  no 
general  can  command;  disaffection  and  (Uusobedience,  anarchy  and 
confusion  most  take  place  of  order  and  subordination,  defeat  and 
shame,  of  victory  and  triumph.  But  the  Co^nmanding  General  is 
persuaded  that  this  is  a  state  of  things  whiolii:  no  Government  can, 
or  does,  tolerate.  The  Constitution  of  the  United  States  secures 
to  the  citiien  the  most  valnable  privileges ;  yet  tha^  Ccnistitntion 
contemplates  the  necessity  of  suspending  the  exercise  of  the  same, 
in  order  to  secure  the  continuance  of  all   If  it  authorices  the  suspen- 


-'  ■  H 


t: ! 


...  ;'    K  ' 


.   *«  i 


,  .( 


i-.. 


*  .1'  4' 


608 


JACKSON   ON   MARTIAL  LAW. 


[1816. 


*"<. 


'■\- 


II 


f^^ 


sion  of  the  Writ  of  Habeas  Corpus  in  certain  eases,  it  thereby  impli- 
citly admits  the  operation  of  martial  law,  when,  in  the  event  or  re- 
bellion or  invasion,  public  safety  may  require  it.  To  whom  does 
the  declaration  of  this  law  b^ong  ?  To  the  gnardikli  of  the  public 
safety,  to  him  who  is  to  conduct  the  operations  agailist  the  enemy, 
whose  vigilance  is  to  destroy  danger,  and  whose  arms  are  to  repel 
it.  He  is  the  only  authority  present  to  witness  and  determine  the 
emergency  which  makes  such  a  resort  necessary,  and  possessed  of 
the  means  to  make  suitable  provision  for  it.  For  the  correctness 
of  his  conduct,  under  the  circumstances  which  influenced  him,  he 
stands  responsible  to  his  government.** 

It  seems,  from  the  language  and  conduct  of  General 
Jackson,  that  his  understanding  of  martial  law  was  very 
diJOierent  from  the  one  entertained  by  jurists ;  th^t  he 
had  concluded  that  the  proclamation  of  martial  law 
carried  within  itself,  as  ^,  necessary  consequence,  the 
suspension  of  the  Habeas  Corpus,  of  all  civil  laws  and 
constitutional  privileges  within  the  sphfere  of  its  action ; 
that  it  \'ested  absolute  authority  in  the  Commander-in- 
Chief,  and  was  a  thing  so  plastic  and  comprehensive 
that  it  embraced  and  meant  whatever  the  ^^  sole  ffvardia/n 
of  the  public  safety''^  deemed  Expedient — an  opinion 
whi^  is  generally  favored  by  military  men  in  such  cir- 
cumstances. 

After  the  decision  of  the  Court-Martial  in  the  case  of 
Lc'iaillier,  the  General  foresaw  that  he  had  nothing  to 
hope  flrom  the  trial  of  Hall  for  aiding j  ahettiiig  and  excit- 
ing mutiny  in  his  camp.  The  sentence  of  the  Court 
would,  of  course,  have  been  a  foregone  oonolusion.  There- 
fore he  gave  up  the  i^  of  a  criminal  prosecution,  and, 
putting  the  pisoner  tinder  a  strong  guard,  ordered  him, 
oji  the  11th  of  March,  to  be  led  several  miles  beyond 
the  limits  of  the  city,  where  he  was  1^,  with  a  prohi- 
bition to  return  '^bt^bre  the  ratificaticHi  ef  the  ^a^eaiy  of 
peace  should  have  been  regula/rly  announced,  or  the 
British  should  have  departed  from  the  Southern  coast." 


[1815. 

rent  oi  re- 
rhom  does 
the  public 
he  eaemy, 
re  to  repel 
ermine  the 
tssessed  of 
Dorrectness 
ed  him,  he 

f  General 
was  very 
;  that  he 
artial  law 
iience,  the 
L  laws  and 
its  action ; 
manderin- 
prehensive 

,n  opini<5n 
such  cir- 

le  case  of 
nothing  to 
(Old  exdt- 
the  Court 
)n.  There- 
iition,  and, 
lered  him, 
les  beyond 

a  prohi- 
treaiyof 
or  the 
ern  coast. 


1816.] 


MABIIAL  LAW   BEVOKED. 


609 


Op  the  13th,  early  in  the  morning,  the  inhabitants  of 
New  Orleans  were  awakened  by  the  firing  of  cannon, 
repeated  at  measured  intervals.  They  rushed  into  the 
streets  for  inquiry,  and  in  gladsome  expectation  of  hear- 
ing the  oSicial  news  of  the  ratification  of  the  treaty  of 
peace.  They  were  not  disappointed;  a  courier  had 
arrived,  at  the  dawn  of  light,  with  the  important  docu- 
ment which  had  been  so  long  desired,  and  with  instruc- 
tions from  the  President,  directing  General  Jackson  to 
issue  a  proclamation  for  the  pardon  of  all  military  often- 
ces.  There  could  be  no  longer  any  excuse  for  retaining 
Louaillier  in  custody  ;  the  doors  of  his  prison  were 
thrown  open ;  the  proclamation  of  martial  law  was  re- 
voked ;  the  French  Consul  came  back  to  resume  his 
frinctions,  and  Judge  Hall  r^urned  to  town  amidst  the 
acclamations  of  the  citizens.  He  was  greatly  and  uni- 
versally esteemed,  and  was  described*  "  as  a  magistrate 
of  pure  heart,  cleaii  hands,  and  a  mind  susceptible  of  no 
fear  but  that  of  God." 

General  Jackson  communicated  ''with  satisfaction '^ 
to  the  troops  under  his  command  the  testrinonials  which 
had  been  sent  him  c  the  "just  sense  which  the  Presi- 
dent of  the  United  States  entertained  of  their  patriot- 
ism, valor  and  good  conduct,"  and  congiatulated  them 
particularly  on  "  their  being  able  to  receive  this  applause 
with  the  consciousness  of  having  deserved  it."  In  the 
communication  which  James  Monroe,  Secretary  of  State, 
had  addressed  on  the  subject  to  Jackson  in  the  name  of 
the  Pref»ident,  were  the  following  ilines,  which  were  re- 
ceived with  pleasure,  as  making  amends  for  suspicions 
which  ought  never  to  have  been  entertained :  "  To  our 
newly  adopted  fellow-citizens  of  Louisiana  you  will* 
give  assurance  of  his  great  sensibility  to  the  decided  and 
honorable  proof  which  they  have  given  of  their  attach- 

*  Martin's  Histoiy  of  Louisiana,  p.  416,  vol.  8. 
39 


WW 


fi'' 


j'  V: 


.If 


■•,jf  .11  i 


IV- 


>%*■: 


^^■J- 


610 


jaoksok's  fabewell  address. 


[1816. 


ment  and  devotion  to  the  Union,  and  of  their  manly  srjip- 
port  of  the  rights  of  their  country." 

On  the  14th,  General  Jackson  began  to  take  the  neces- 
sary measures  to  disband  the  troops,  and  to  restore  to 
their  usual  peaceful  avocations,  and  to  their  respective 
States,Tenne88ee,  Kentucky, Louisiana,  and  to  the  Terri- 
tory of  Mississippi,  the  brave  men  who  had  acted  such  a 
distinguished  part  in  the  war  which  had  just  terminated. 
Those  who  could  not  be  removed  without  immineut 
danger  of  their  lives  were  to  be  well  accommodated,  and 
supplied  with  hospital  stores,  and  a  sufficient  number  of 
surgeons  were  retained  to  attend  them.  Contractors  were 
to  furnish  provisions  to  the  troops  on  their  return  march, 
on  the  requisition  of  their  respective  commanding  off 
cers,  who  were  instructed  %)  use  every  care  and  attentioi 
to  prevent  depredations  on  private  property,  and  whv 
were  admonished  that  th^  would  be  held  personally 
responsible  to  indemnify  the  suflferers,  agreeably  to  the 
regulations  of  the  War  Department^  for  all  damages  done 
or  property  injured  or  destroyed  by  their  commands. 
His  fai'ewell  address  to  his  fate  companions-in-arms 
was  dignified  in  tone,  tender  and  affectionate  in  senti- 
ment : 

"In  parting,"  he  said,  "with  those  brave  men  whose  destinies 
had  Been  long  united  with  his  own,  and  in  whose  labors  and  glo- 
ries it  was  his  happiness  and  his  boast  to  have  participated^  he 
could  neither  suppress  his  feelings,  nor  give  utterance  to  them  as 
he  ought.  In  what  terms  could  he  bestow  suitable  praise  on  merit 
so  extraordinary,  so  unnaralleled  ?  Let  him  in  one  burst  of  joy, 
gratitude  and  exultation,  exclaim :  Those  are  the  saviors  of  their 
country — these  the  patriot  soldiers  who  triumphed  over  the  in- 
vincibles  of  Wellington,  and  conquered  the  conquerors  of  Europe." 
1  With  what  patience  did  you  submit  to  privations  I  With  what 
fortitude  did  you  endure  &,tigue !  What  valor  did  you  display 
in  the  day  of  battle !  Tou  have  secured  to  America  a  proud  name 
among  the  nations  of  the  earth,  a  glory  which  will  never  perish ! 

"  Possessing  those  dispositions  which  equally  adorn  the  citizen 


1'*- 


1815.] 


JACK80N'8   farewell   ADDRESS. 


611 


and  tho  Boldier,  the  expectations  of  your  country  will  be  met  in 
peace  as  her  wisl^es  have  been  gratified  in  war.  Go,  then,  my  brave 
companions,  to  yOur  homes,  to  those  tender  connections  and  tliose 
blissful  scenes  which  render  life  so  deai"> — ^fuU  of  honor,  and  crown- 
ed with  laurels  which  will  never  fade.  With  what  happiness  will 
you  not,  when  participating,  in  the  bosoms  of  your  families,  in  the 
enjoyment  of  peaceful  life,  look  back  to  the  toUs  you  have  borne, 
to  the  dangers  you  have  encountered !  How  will  all  your  past 
exposures  be  converted  into  sources  of  inexpressible  delight !  Who, 
that  never  experienced  your  sufferings,  will  be  able  to  appreciate 
your  joys  ?  The  man  who  slumbered  ingloriously  at  home  during 
your  painful  marches,  your  nights  of  watchfulness  and  your  days 
of  toU,  will  envy  you  the  happiness  which  these  recollections  will 
afford — still  more  will  he  envy  the  gratitude  of  that  country  which 
you  have  so  eminently  contributed  to  save.  Continue,  fellow-sol- 
diers, on  your  passage  to  your  several  destinations,  to  preserve 
that  subordination,  that  digiiified  and  manly  deportment  which 
have  so  ennobled  your  character^ 

*'  What  happiness  it  is  to  the  commanding  General,  that  while 
danger  was  before  us,  he  was,  on  no  occasion,  compelled  to  use 
toward  his  companions-in-arms  either  severity  or  rebuke !  If,  after 
the  enemy  had  retired,  improper  passions  began  to  show  their 
empire  in  a  few  unworthy  bosoms,  and  rendered  a  resort  to  ener- 
getic measures  necessary  for  their  suppression,  the  commanding 
General  has  not  confounded  the  innocent  with  'le  guilty,  the 
seduced  with  the  seducers.  Toward  you,  felloe-soldiers,  the  most 
cheering  recollections  exist,  blended,  alas,  with  /egret,  that  disease 
and  war  should  have  ravished  from  us  so  many  worthy  compan- 
ions. But  the  memory  of  the  cause  in  which  they  perished,  and 
of  the  virtues  which  animated  them  while  living,  must  occupy  the 
place  where  sorrow  would  claim  to  dwell. 

"Farewell,  fellow-soldiers.  The  expression  of  your  General's 
thanks  is  feeble ;  but  the  gratitude  of  a  country  of  freemen  is 
yours ;  yours  the  applause  of  an  admiring  world !" 


-■■'J''-     i 


■  »j- 


••■J* 


'•■■'J  : 

Si.*:'': 


•■S-J*. 


•■»'V;- 


Two  days  after,  on  the  16fch,  the  "City  Battalion  of 
Uniform  Companies"  presented  to  General  Jackson  jm 
address  glowing  with  a  warmth  of  feeling  which  seemed 
to  attest  its  sincerity.  This  address  was  signed  by  sev- 
enteen officers,  all  of  whom,  with  the  exception  of  two, 


'if:    fy* 


i 


612 


THE  UIOFOEM   COMPANIES  TO  JACKSON. 


[1816. 


were  French,  or  of  Frencli  origin,*  wBicli  shows  that  the 
whole  of  that  population  was  not  alienated  from  Gen- 
eral Jackson  by  the  course  which  he  had  lately  pur- 
sued against  those  with  whom  they  were  connected  by 
language  and  the  pride,  communion,  and  endearments 
of  race : 

"  We  have  delayed,"  they  said,  "  until  this  moment,  the  expres- 
sion of  our  feelings  toward  you,  lest  the  honest  emotions  of  our 
hearts  should  be  ascribed  to  a  desire  of  propitiating  the  favor  of 
our  Commander.  At  this  moment,  when  neither  hope  norfe^r  aan 
bo  supposed  to  have  influenced  us,  we  pray  you  to  receive  the  sin- 
cere tribute  of  our  thanks :  as  soldiers,  for  the  confidence  you  have 
reposed  in  us,  for  the  paternal  care  with  which  you  have  watched 
over  our  comforts,  and  above  all  for  that  justice  you  have  done  to 
our  zeal  in  assigning  us  on  every  occasion  a  post  of  danger  and  of 
honor — as  citizens,  for  the  wisdom^of  .the  measures  you  devised  to  ■ 
protect  our  country,  for  the  skill  and  bravery  with  which  they  were 
executed,  and  that  indispensable  energy  to  which  we  owe  our  safe- 
ty. Leaving  to  ocners  the  task  of  tleclaiming  about  privileges  avxd 
constitutional  rigkis^  we  are  content  with  having  fought  in  Support 
of  them ;  we  have  understanding  enough  to  know  when  they  are 
wantonly  violated ;  and  no  false  reasoning  shall  ;:)ake  us  ungrateful 
to  the  man  whose  wisdom  and  valor  have  secured  them  to  us  and 
to  our  posterity.  W^  do  not  deal  in  profet'sions ;  we  pray  you. 
General,  to  be  assured,  that  in  the  officers  and  men  of  this  battalion 
you  have  soldiers^  who  have  been  and  are  always  ready  to  confront, 
every  danger  under  your  covoxD&jxdi— fellow-citizens^  grateful  for  your 
services— /nenrfs,  personally  attached  to  your  fortunes,  and  ready 
to  promote  your  happiness  at  the  risk  of  their  own.  You  have  al- 
lowed us  the  endearing  title  of  your  brothers'in-arms  ;  it  was  given 
to  us  on  the  field,  then  strewed  with  the  bodies  of  our  enemies ; 
and  we  feel  a  noble  pride  in  the  consciousness  which  allows  us  to 
accept  it.  That  fraternity,  cemented  in  hostile  blood,  shall  be  the 
pride  of  our  lives ;  and  in  after  times  will  secure  to  our  children 
the  respect  of  posterity.  General,  common  phrases  cannot  express 
the  emotions  which  agitate  us  at  the  moment  of  ouri  separation ; 
birt  we  pray  Heaven  to  watch  over  your,  safety ;  and  we  trust  to  a 

*  Thdr  names  were :  J.  B.  PlaucbS,  St.  Gteme,  M.  White,  A.  Quibert,  HndT^r, 
P.  Roche,  St.  Jean,  Goeur  de  Roy,  De  St.  Romes,  N.  Thompson,  C.  Fremont,  Da- 
liolquou,  L.  Pili4,  Benetaud,  Bertel,  Haet,  Lemoonier. 


[1815. 

hat  the 
m  Gen- 
jly  pur- 
jted  by 
annents 


e  expres- 
18  of  our 
favor  of 
>rfe"'*  oan 
re  the  sin- 
you  have 
B  watched 
^e  done  to 
ffer  and  of 
devised  to  ; 
I  they  were 
e  our  safe- 
yileges  ai\d 
in  support 
sn  they  are 
ungrateful 
.  to  us  and  ; . 
pray  you, 
IS  battalion 
to  confrc^t. 
[u\  for  your 
and  ready 
(uhave  al- 
was  given 
enemies ; 
ilows  us  to 
Ihall  be  the 
ir  children 
lot  express 
leparation ; 
trust  to  a 

jlbert,  Hudry, 
rremont,  Du- 


1815.] 


JA0K8ON  TO  THE  UNIFORM  COSfPANIES. 


613 


grateful  country  for  the  honors  and  advancement  which  your  ser- 
vices have  merited." 

We  shall  give  in  ftill  the  reply  of  General  Jackson, 
because  it  is  evidently  written  with  great  care,  and  in- 
tended as  a  vindication  of  those  energetic  measures 
which  he  had  lately  adopted,  and  which  had  produced 
such  a  commotion  in  the  city  of  New  Orleans  : 

^^Fellow-Soldiers: 

"  Although  bom  and  bred  in  a  land  of  freedom,  popular  favor 
has  always  been  with  me  a  secondary  object.  My  first  wish,  in 
political  life.,  has  been  to  be  useAil  to  nry  country.  Yet  I  am  not 
insensible  to  the  good  opinion  of  my  fellow-citizens.  I  would  do 
much  to  obtain  it ;  but  I  cannot,  for  this  purpose,  sacrifice  my  own 
conscience,  or  what  I  conceive  to  be  the  interests  of  my  country. 

"  These  principles  have  prepared  me  to  receive,  with  just  satis- 
faction, the  address  you  have  presented.  The  first  wish  of  my 
heart,  the  safety  of  our  country,  has  been  accomplished ;  and  it 
affords  me  the  greatest  happiness  to  know  that  the  means  taken  to 
secure  this  object  have  met  the  approbation  of  those  who  have  had 
the  best  opportunities  of  judging  of  their  propriety,  and  who,  from 
their  various  relations,  might  be  supposed  the  most  ready  to  cen- 
sure any  which  had  been  improperly  resorted  to.  The  distinction 
you  draw,  gentlemen,  between  those  who  only  declaim  about  civil 
rights  and  those  who  fight  to  maintain  them,  shows  how  just  and 
practical  a  knowledge  you  have  of  the  true  principles  of  liberty. 
Without  such  knowledge  all  theory  is  useless  or  mischievous. 

"  Whenever  the  invaluable  rights  which  we  enjoy  under  our  happy 
Constitution  are  threatened  by  invasion,  privileges  the  most  dear, 
and  which  in  ordinary  times  oaght  to  be  regarded  as  the  most 
sacrei^,  may  be  required  to  be  infringed  for  their  security.  At 
such  a  crisis,  we  have  only  to  determine  whether  we  will  suspend, 
for  a  time,  the  exercise  of  the  latter,  that  we  may  secure  the  per- 
manent enjoyment  of  the  former.  Is  it  wise,  in  such  a  moment,  to 
sacrifice  the  spirit  of  the  laws  to  the  letter,  and,  by  adhering  too 
strictly  to  the  letter,  lose  the  substance  forever,  in  order  that  we  may, 
for  an  instant,  preserve  the  shadow  ?  It  is  not  to  be  imagined  that 
the  express  provisions  of  any  written  law  oan  fully  embrace  emer- 
gencies which  suppose  and  occasion  the  suspension  of  all  law,  but 
the  highest  and  t&e  last,  that  of  self-preservation.  No  right  is 
more  precious  to  a  freeman  than  that  of  suffrage ;  but  had  your 


l^r* 


fc-'  '■     '1 


■»*•,■: 


'■.'.'-'C<'-.  fl 


^'h 


^■- 


•    ■ .  » 

''  :  .•  •   •     f 
.  if  :     ? 


?a- 


I 


fyji.  P' 


C14 


JACKSON  TO  THE  UNIFOEM  COMPANIES. 


[181S. 


election  taken  place  on  the  8th  of  January,  would  your  declftim- 
era  have  advised  you  to  abandon  the  defence  of  your  country, 
in  order  to  exercise  this  inestimable  privilege  at  the  polls  ?  Is  it 
to  be  supposed  that  your  General,  if  he  regarded  the  important 
trust  committed  to  his  charge,  would  have  permitted  you  to  pre- 
serve the  Constitution  by  an  act  which  would  have  involved  Con- 
stitution, country  and  honor  in  one  undistinguished  ruin  ? 

"  What  is  more  justly  important  than  personal  liberty  ?  Yet, 
how  can  the  civil  enjojrment  of  this  privilege  be  made  to  consist 
with  the  order,  subordination  and  discipline  of  a  camp  ?  Let  the 
sentinel  be  removed  by  subpoena  from  his  post,  let  writs  of  habeas 
corpus  carry  away  the  officers  from  the  lines,  and  the  enemy  may 
conquer  your  country  by  only  employing  lawyers  to  defend  your 
Constitution. 

"Private  property  is  held  sacred  in  all  good  Governments,  and 
particularly  in  your  own.  Yet,  shall  the  fear  of  invading  it  pre- 
vent a  General  from  marching  his  army  over  a  corn-field,  or  burning 
a  house  which  protects  the  enemy  ? 

"These  and  a  thousand  other  instancep  might  be  cited  to  show 
that  laws  must  sometimes  be  silent  when  necessity  speaks.  The 
only  question  with  the  friend  of  l^s  country  will  be,  have  these 
laws  been  made  silent  wantonly  and  unnecessarily  ?  If  necessity 
dictated  the  measure,  if  a  resort  to  it  was  important  for  the  preser- 
vation of  those  rights  which  we  esteem  so  dear,  and  in  defence  of 
which  we  had  so  willingly  taken  up  arms,  surely  it  would  not  have 
been  becoming  in  the  Commander-in-Chief  to  have  shrunk  from  the 
responsibility  which  it  involved.  He  did  not  shrink  from  it.  In 
declaring  martial  law,  his  object,  and  his  only  object,  was  to  em- 
body the  whole  i^sources  of  the  country  for  its  defence.  That 
law,  while  it  existed,  necessarily  suspended  all  rights  and  privi- 
leges inconsistent  Avith  its  provisions.  It  is  matter  of  surprise 
that  they  who  boast  themselves  the  champions  of  those  right^  and 
privileges,  should  not,  when  they  were  first  put  in  danger  by  the 
proclamation  of  martial  law,  have  manifested  that  lively  sensibility 
of  which  they  have  since  made  so  ostentatious  a  display.  So  far, 
however,  was  this  from  being  the  case,  that  this  measure  not  only 
met,  then,  the  open  support  of  those  who,  when  their  country  was 
invaded,  thought  resistance  a  virtue,  and  the  silent  approbation  of 
aW,  but  even  received  the  particular  recommendation  and  encour- 
agement of  many  who  now  inveigh  the  most  bitterly  against  it.  It 
was  not  until  a  victory,  secured  by  that  very  measure,  had  lessened 
the  danger  which  occasioned  a  resort  to  it,  that  the  j^reieni  feeling 


■  mi-^ 


ldl6.] 


JACKSON  TO  THE  UNIFORM   COMPANIES. 


615 


guardians  of  our  rights  discovered,  that  the  Commanding  General 
ought  to  have  suffered  his  posts  to  be  abandoned  through  the  in- 
terference of  a  foreign  agent,  his  ranks  to  be  thinned  by  deser- 
tion, and  his  whole  army  to  be  broken  to  pieces  by  mutiny,  while 
yet  a  powerful  force  of  the  enemy  remained  on  your  coast,  and 
within  a  few  hours'  sail  of  your  city. 

T  thought  and  acted  differently.  It  was  not  until  I  di«covered 
that  the  civil  power  stood  no  longer  in  need  of  the  military  for  its 
support,  that  I  restored  it  to  its  usual  functions ;  and  the  restora- 
tion was  not  delayed  a  moment  after  that  period  had  arrived. 

"  Under  these  circumstances,  fellow-soldiers,  your  resolution  to 
let  others  declaim  about  privileges  and  constitutional  rights  will  nev(T 
draw  upon  you  the  charge  of  being  indifferent  to  those  inestimable 
blessings.  Your  attachment  to  ttiem  has  been  proved  by  a  strong- 
er title — that  of  having  fought  nobly  to  preserve  thent  You,  who 
have  thus  supported  them  against  the  open  pretensiohs  of  a  pow- 
erful enemy,  will  never,  I  trust,  surrender  them  to  the  underhand 
r  a?^.'nations  of  men  who  stood  aloof  in  the  hour  of  peril,  and 
who,  when  the  danger  is  gone,  claim  to  be  the  defenders  of  your 
Constitution. 

**  An  honorable  peace  has  dissolved  our  military  connection ;  and, 
in  a  few  days,  I  shall  quit  a  country  endeared  to  me  by  the  most 
pleasing  recollections.  Among  the  most  prominent  of  tLese,  gen- 
tlemen, are  those  I  shall  ever  entertain  of  the  distinguished  bravery, 
the  exact  discipline,  the  ardent  zeal,  and  the  important  services  x>f 
your  corps.  The  offered  friendship  of  each  individual  composing 
it  I  receive  with  pleasure,  and  with  sincerity  reciprocate.  I  shall 
always  pride  myself  on  a  fraternity  with  such  men,  created  in  such 
a  cause." 

4 

It  appears  by  this  document  that  General  Jackson 
unequivocally  adriibted  that  he  had  violated  the  Consti- 
tution and  the  laws,  but  alleged  in  his  justification  that 
it  had  been  done  as  a  matter  of  necessity  for  the  protec- 
tion and  safety  of  the  country.  There  were  many  who 
were  convinced  that  this  necessity  had  never  existed, 
that  a  dangerous  precedent  had  been  established,  and 
who  were  determined  that  the  prestige  of  victory  should 
not  shield  against  punishment  the  man  who,  in  their 
opinion,  had  wantonly  trampled  on  the  dearest  rights 


m 


,!■' 


1        I .   '• 

<;,<kV';;  if] 
r.f.iV< .' 


■■■'j  *■■*•  *;  I 
•■■■"■«,• 

'         '"  ''-i'"  -J    J 

:.:•-^fv■::  :i 


■■•;•  > 
-•■  iiit" 


■    y?:.    • 


:'■  --^ ',  n 


t.'\i;h- 


616 


TBIAL  OF  OEKEBAL  JAOKSON. 


[1816. 


and  privileges  of  his  fellow-citizens.  With  these  views, 
Dick,  the  District  Attorney  for  the  United  States,  im- 
mediately after  the  return  of  Hall,  lost  no  time  in  call- 
ing the  attention  of  the  Court  to  those  proceedings  which 
had  culminated  in  closing  by  violence  one  of  the  tribu- 
nals of  the  United  States.  The  Judge,  however,  refused 
to  entertain  any  such  proposition  for  the  present,  stating 
that  the  laws  would  assert  their  m^esty  and  suprem- 
acy in  due  time,  but  that,  to  celebrate  the  restoration  of 
peace,  a  few  days  of  public  rejoicings  should  be  allowed 
to  pass  by  witnout  any  interruption  of  an  unpleasant 
nature.  But,  on  the  21st  of  March,  Dick  was  permitted 
to  proceed  against  General  Jackson.  He  represented  to 
the  Court  that,  more  than  six  weeks  after  the  enemy  had 
evacuated  Louisiana,  there  had  been  a  publication  ani- 
madverting on  the  official  conduct  of  the  Commander-in- 
Chief;  that  the  author  of  it  had  been  arrested  as  a  spy 
and  for  other  crimes,  and  a  *court-martial  assembled  to 
pass  sentence  on  him ;  that  the  prisoner,  thinking  that 
his  arrest  was  illegal,  that  the  Court  had  no  jurisdiction 
oiiit  him,  being  deprived  of  liberty  and  threatened  with 
death  in  case  of  conviction,  had  applied  to  that  tribunal 
which,  under  the  Federal  Constitution,  had  specially 
been  established  to  prevent  such  abuses,  and  give  him  the 
protection  to  which«he  was  entitled ;  that  the  Judge  pre- 
siding in  that  tribunal,  on  taking  the  proper  steps,  ac- 
cording to  the  petition  of  the  pl&.intiff,  to  investigate  the 
matter,  was  himself  arrested  by  order  of  the  defendant, 
and  thereby  the  course  of  justice  obstructed ;  that  the 
clerk  of  the  Court  had  been  compelled  to  carry  a  record 
of  the  Court  to  headquarters,  where  it  was  taken  and 
withheld  from  him ;  that  the  said  clerk  and  the  marshal 
of  the  Court  had  been  threatened  also  ^th  arrest  if  they 
performed  their  duty ;  that  these  transactions  had  taken 
place  when  there  was  not  the  least  prospect  of  the  r«e- 


[1816. 


1816.] 


TBIAL  OF  OENEBAL  JACKSON. 


•   617 


i  viewB, 
ites,  im- 
in  call- 
;8  whicli 
le  tribu- 
refused 
,,  stating 
suprem- 
ation  of 
allowed 
pleasant 
ermitted 
lented  to 
lemy  had 
tion  ani- 
lander-in- 
'  as  a  spy 
mbled  to 
dng  that 
risdiction 
ned  with 
tribunal 
specially 
e  him  the 
iidgepre- 
steps,  ac- 
igate  the 
efendant, 
that  the 
a  record 
iken  and 
I  marshal 
at  if  they 
tad  taken 
the  re- 


newal of  hostilities,  or  the  least  appearance  of  danger 
from  any  quarter,  but,  on  the  contrary,  after  ^^  peretumve'^ 
information  had  been  received  from  various  sources  as 
to  the  existence  of  a  lately  signed  treaty  of  peace  be- 
tween Great  Britain  and  the  United  States ;  whereupon, 
the  District  Attorney,  having  laid  before  the  Court  the 
necessary  affidavits,  moved  for  a  rule  to  show  cause  why 
process  of  attachment  should  not  issue  against  Gen- 
eral Jackson  for  contempt  of  Court.  The  motion  was 
grant'Bd,  and  on  its  return  day,  Keid,  one  of  the  General's 
Aids,  accompanied  him  to  the  court-house,  and  pi'esent- 
ed  a  paper  sworn  to  by  the  General,  as  his  answer  to  the 
rule.  It  was  a  solemn  protest  against  the  unconstitu- 
tionality and  illegality  of  the  proceedings ;  a  denial  of 
the  authority  of  the  District  Attorney  to  institute  it,  as  well 
1^1  as  that  of  the  Court  to  punish  him  for  the  alleged  con- 
tempt. General  Jackson  further  maintained  that,  if  he 
was  accused  of  any  statutory  offence,  the  prosecution 
should  be  carried  on  by  presentment  or  indictment ;  L-id 
that  in  such  a  case  he  could  not  be  deprived  o^  a  trial 
by  jury.  As  to  the  charge  of  contempt,  his  coulifcl 
urged  that  it  had  not  been  committed  in  Court ;  and 
several  other  technical  objections  were  also  presented. 

In  the  concluding  part  of  this  document,  the  procla- 
mation of  martial  law,  says  Martin  m  his  Histoiy,  was 
justified  on  the  report  which  the  General  had  received 
of  the  disaffection  and  seditious  disposition  of  the  French 
portion  of  the  population  of  Louisiana  ;  and  various  ex- 
tracts were  given  from  letters  of  the  Governor  on  the 
difficulties  he  had  to  encounter,  the  opposition  he  met 
with  from  the  Legislature,  and.  th«!i  little  dependence 
there  was  for  success,  except  on  a  regular  force  to  be 
sent  by  the  United  States.  The  interference  with  the 
records  in  the  clerk's  office  was  justified  on  the  belief  the 
defendant  entertained,  that  it  was  within  his  authority. 


*, 

-■  ;■  * 

* 

• 

'i 
'■  i 

'  ;_■  ■    i 

.  '■  - .  i  ■  ■' 

.  ..'■;;    ', 

'y 

*    ■ 

■  "♦'■:;'  ,'. 

'f 

■ *f  I    7, 
■'  ■  it 

•  ':''■   I'-:''  ': 

5^  If .: 

,:-,\r.,:   !| 


r.j-j" 


tr 


•!£'■.  ' 


618 


TRIAL   OF   OENEBAL  JACKSON. 


[181S. 


The  proclamation  of  martial  law  was  held  to  have  made 
the  publisher  of  the  libel  a  soldier,  and  his  offence  cog- 
nizable by  a  court-martial,  and  the  imprisonment  of  the 
Judge  was  said  to  have  been  a  matter  of  necessity. 

"  The  Attorney  of  the  United  States  opposed  the  read- 
ing of  this  paper.  He  said  that,  in  no  case,  the  defend- 
ant was  permitted  to  make  evidence  for  himself,  and  jus- 
tify himself  by  swearing  he  was  innocent,  although,  on 
a  process  of  attachment,  the  defendant's  answers  to  in- 
teiTogatories  put  by  the  officer  who  conducted  the  pros- 
ecution  were  conclusive  evidence. 

"  In  the  present  stage  of  the  cause,  the  inquiry  was 
confined  to  the  sufficiency  of  the  facts  sworn  to— whether 
they  did  constitute  an  offence — and  one  which  did  sup- 
port a  prosecution  by  process  of  attachment.  When  the 
hearings  would  be  on  the  merits,  the  defendant  might 
avail  himself  of  his  answers  to  interrogatories,  to  show 
that  the  facts  in  the  affidavits  on  which  the  rule  was 
obtained  were  not  trqe.  The  Judge  took  time  to  de- 
liberate." 

*0n  the  next  day  he  said :  "  The  Court  has  taken  time 
to  consider  the  propriety  of  admitting  the  answer  offered 
yesterday.  It  was  proper  to  do  so,  because  it  is  the  first 
proceeding  of  any  importance  instituted  in  a  matter  like 
the  present,  since  the  establishment  of  the  Coui't,  and 
because  by  the  constitution  of  the  Court  it  is  composed 
of  one  Judge  only ;  and  it  so  happens  that  one  of  the 
charges  of  contempt  is  his  imprisonment,  and  the  conee- 
quent  obstruction  of  the  course  of  justice.  This  is  no 
reason  why  the  proceedings  should  not  have  been  insti- 
tuted, and  be  persevero'l  in ;  but  it  is  a  good  one  for 
deliberation.  No  personal  consideration  ought,  for  a  mo- 
ment, to  allow  the  abandonment  of  the  defence  of  the 
laws,  the  support  of  the  dignity  of  the  tribunal,  and  of 
the  rights  of  the  citizens. 


1815.] 


TBIAL  or  GENSBAL  JACKSON. 


619 


"  I  have  considered  the  case,  and  I  think  I  see  a  clear 
course. 

''  On  a  rule  to  show  cause,  the  party  called  on  may 
take  all  legal  grounds  to  show  that  the  attachment  ought 
not  to  issue.  He  may  take  exceptions  to  the  mode  of 
proceedings,  and  prove,  from  the  affidavits  on  which  the 
rule  was  obtained,  that  the  facts  do  not  amount  to  a 
contempt. 

''  If  the  Court  be  convinced  that  the  attachment  may 
legally  issue,  it  goes  to  bring  the  party  into  court ;  the 
interrogatories  are  propounded ;  he  may  object  to  any 
of  them  as  improper,  or  deny  the  facts  charged,  and 
purge  himself  of  the  contempt  on  oath.  His  single  tes- 
timony counteracts  all  other  that  may  have  been  ad- 
duced. I 

"  I  will  hear  any  of  the  exceptions  taken  in  the  answer, 
or  any  question  of  la#  that  may  be  urged." 

Arguments  of  counsel  were  therefore  patiently  listened 
to  on  all  the ''  exceptions  taken,  and  on  all  the  questions  of 
law"  which  incidentally  arose;  after  which  the  rule  was 
mad^  absolute,  and  the  case  ordered  to  be  tried  on  its 
merits  on  a  particular  day.  On  that  day  the  excitement 
was  intense  in  tke  city ;  the  timid  expected  bloodshed, 
and,  being  haunted  by  imaginary  terrors,  confined  them- 
selves to  their  houses ;  the  greater  part  of  the  population, 
however,  was  not  of  this  disposition,  and  an  immense 
croWd  assembled  at  an  early  hour  round  the  court-house. 
Many  were  moved  by  curiosity ;  others  by  feelings  of 
sympathy  for  the  General,  or  resentment  and  indignation 
against  the  Judge.  Among  the  most  ardent  against  the 
latter  were  remarked  the  3aratarians,  who  were  said  to 
nourish  toward  him  the  bitterest  hostilHy,  on  account  of 
his  having  been  very  strict  on  several  occasions,  when  pros- 
ecutions had  been  instituted  against  some  of  their  leaders. 
They  were  represented  as  panting  for  an  opportunity  to 


J  '  . 

'i 

I 

'  '.-1 , 

m 

,//:■ 

1 

»•,■   ■ 

1 

t  > 

•  'f 

> 
'   1 

i 

.  ^''  • 

i 

•  > 

i 

^«;^l'  fl 


VI  . 


■•■■\-:  •::  f  [ 

•  * 


■li^M-: 


.  ^  • 


«20 


TRIAL   OF   OENKKAL  JACKSON. 


[1816. 


wreak  their  vengeance  on  the  magistrate  whose  inflexible 
rigor  they  had  experienced  to  their  cost.  Distinct  threats 
would  occasionally  burst  from  the  impatient  crowd  ;  and 
one  voice  was  heard  to  exclaim, ''  Let  the  Genei  til  say 
but  one  word,  and  we  will  pit-h  into  the  river  the  Judge, 
the  lawyers,  and  the  court-house  itself."  This  sentiment 
was  greeted  with  fierce  shouts  of  applause.  At  last,  the 
long-expected  hour  had  arrived.  The  General,  followed 
by  a  numerous  escort  of  officers,  entered  the  hall  of 
judgment,  which  was  crowded  to  suffocation.  The  deus^ 
multitude  had  opened  before  him  as  lie  advanced  and 
then  closed  again  in  deep  silence ;  but  when  he  reached 
the  bar  where  he  was  to  stpnd  as  a  culprit,  and  con- 
fronted the  Judge  on  his  seat,  one  wild  yell  of  defiance, 
which  was  echoed  by  the  multitude  outside,  swept  over 
tbe  building  and  seemed  to  shake  the  roof  and  walls 
against  which  it  reverberated.  Jackson  looked  round 
with  an  expression  of  calm  "and  august  majesty,  which 
was  long  remembered  by  those  who  saw  his  commanding 
features  on  that  occasion  ;  he  only  waved  his  hand  in 
rebuke,  and  instantly  order  and  silence  were  re-estab- 
lished. Then  turning  to  the  Judge,  he  slightly  bo  wed 
his  head,  as  if  he  meant  to  say :  I  am  here  in  obedience 
to  your  command.  The  Judge  looked  as  serene  and  im- 
passible as  if  nothing  unusual  had  happened.  There 
was  a  grandeur  in  the  scene  which  struck  all  the  by- 
standers. Presently  the  clear  voice  of  the  Judge  was 
heard :  "  Mr.  Clerk,  proceed  with  the  business  of  the 
Court."  The  Clerk  called  the  case :«  The  United  States 
vs.  Andrew  Jackson."  The  General  rose,  and,  with  much 
dignity,  signified  to  the  Court  his  intention  to  decline 
answering  interrogatories — a  determination  to  which  he 
said  he  had  come,  on  account  of  the  Court  having  re- 
fused his  answer  to  the  rule  to  be  read.  The  Court  re- 
plied, that  it  was  for  him  to  decide  on  the  proper  course 


1816.] 


TRIAL  OF  GENERAL  JA0K8ON. 


021 


>er  course 


to  be  pursued  in  his  own  defence,  and  that  every  indul- 
gen(!e  had  been  extended  to  him  which  the  law  author- 
ized. 

The  District  Attorney  of  the  United  States  now  rose 
to  address  the  Court;*  we  give  a  synopsis  of  his  re- 
marks: 

"  My  task,"  he  naid,  "  is  much  simplified  hy  the  course  which  the 
defendant  has  taken.  The  defendant  is  charged  with  having  ob- 
structed the  course  of  justic^  and  prevented,  by  violence  the  inter- 
ference of  the  District  Court  of  the  United  States,  in  order  that  an 
illegal  prosecution  for  a  capital  offanee  should  bo  carried  on  before 
a  military  tribunal.  Against  a  citizen  ^bsoluteb*  disci^nnected  with 
the  army  or  militia.  The  greatest  part  of  thi  '  'aper  which  he  pro- 
duced on  his  first  coming  into  Court  is  fiUeJ  /  ih  extracts  of  letters 
and  with  arguments,  to  justify  his  issuing  u  proclanip  ion  of  mar- 
tial law.  He  might  have  spared  him  ,oU  lo  much  unnotxdsary  labor; 
no  one  ever  pretended  that  there  ^as  any  degree  of  guilt  in  his 
proclamation  of  martial  law.  In  the  beginning  of  an  invasion,  it 
was  very  proper  for  the  commander  of  the  army  raised  to  oppose 
it,  to  warn,  by  a  solemn  appeal,  his  men  and  his  fellow-citize* 
around  him,  that  circumstances  required  the  exertion  of  the  facul- 
ties of  all  to  repel  the  enemy,  and  that  the  martial  law  of  the  Uni- 
ted States,  which  means  the  system  of  rules  established  by  the  acts 
of  Congress,  and  the  laws  and  usages  of  civilized  nations  with  re- 
gard to  martial  matters,  would  be  strictly  enforced.  The  question 
is  not  whether  the  General  was  wrong  in  proclaiming  martial  law, 
but  whether,  in  his  a"**!,  he  did  not  go  heyond  martial  hio,  and 
beyond  Avhat  circumsti-..-^^  required,  in  the  exercise  of  the  author- 
ity which  he  had  assumed.  The  defendant  seems  to  have  been 
under  the  ir  ^pression  that  martial  law  vested  in  him  absolute  pow- 
ers. Where  does  liC  find  a  precedent  for  it  in  the  annals  of  juris- 
prudence ?  h  il  i.i  England?  We  have  the  authority  of  Sir  Ma^ 
thew  Hale  to  say :  '  That  martial  law  is  no  law  there,  but  some- 
thing indulged  as  a  law' ;  and  Lord  Loughborough  maintains  that 
martial  law,  oven  as  described  by  Sir  Matthew  Hale, '  does  not  ex- 
iat  at  all'  There  is  a  contradiction  in  the  very  terms.  If  law  reg- 
ulates the  actions  of  delegated  power,  how  can  uncontrolled,  un- 
boanded  power  be  consistent  with  the  existence  of  law  ?  What  is 
qommonly  understood  as  law  cannot  have  life  where  despotism 

*  Martin's  History  of  Loolsiana,  p.  432,  vol.  2.  , 


I!.-; ' ! 


"'i'  J 


622 


TRIAL   OP   GENERAL  JTAOKSON. 


[1816. 


rules  supreme.  Despotism  is  not  martial  law,  nor  any  other  law ; 
it  is  the  absence  of  all  laws.  Judge  Bay,  of  the  Supreme  Court  of 
South  Carolina,  in  the  case  of  Lamb,  says  correctly:  '  If  by  martial 
law  is  to  be  understood  that  dreadful  system,  the  lata  of  armsy  which 
in  former  times  was  exercised  by  the  King  of  England  and  his 
lieutenants,  when  his  word  was  the  law,  and  his  will  the  power  by 
which  it  was  exercised,  I  have  no  hesitation  in  saying,  that  such  a 
monster  could  not  exist  in  this  land  of  liberty  and  legality.  The 
political  atmosphere  of  America  would  destroy  it  in  embryo.  It 
was  against  such  a  tyrannical  monster  that  we  triumphed  in  our 
Revolutionary  conflict ;  our  fathers  sealed  the  conquest  with  their 
blood,  and  their  posterity  will  never  permit  it  to  tarnish  our  soil 
by  its  unhallowed  feet,  or  harrow  up  the  feelings  of  our  gallant 
sons  by  its  ghastly  appearance.  All  our  civil  institutions  ibrbid 
it ;  and  the  manly  hearts  of  our  countrymen  are  steeled  against  it. 
But  if  by  this  military  code  are  meant  to  be  understood  the  rules 
and  regulations  for  the  government  of  our  men  in  arms,  when  mar- 
shaled in  defence  cf  our  country's  rights  and  honor,  then  I  am 
bound  to  say  there  is  nothing  unconstitutional  in  such  a  system.' 
Therefore,  we  candidly  admit  that,  although  the  acts  of  the  defend- 
ant cannot,  by  any  means,  be  justified  by  his  proclamation  of  mar- 
tial law,  they  can  certainly  be  so  on  the  plea  of  necessity— that 
necessity  which  justifies  any  act  it  commands  for  good  purposes ; 
and  we  grant  that  the  defendant  is  entitled  to  any  benefit  he  can 
derive  from  this  plea,  if  it  can  be  proved  to  hav6  any  foundation  to 
rest  upon ;  and  we  say,  on  the  part  of  the  United  States,  that  suc- 
cess in  this  prosecution  is  neither  expected  nor  d  ..'od,  if  that 
necessity  can  be  shown,  which  the  General  invokes  in  his  behalf. 

"  The  defendant,  in  several  documents,  and  particularly  in  his 
printed  reply  to  the  '  address  of  the  uniform  companies  of  the  City 
of  New  Orleans,'  admits  without  reseTe  or  equivocation  that  he 
has  violated  the  Constitution  and  laws  of  his  country,  but  rests  his 
defence  on  the  law  of  necessity.  We  agree  with  him  on  this  point ; 
we  allow  that  this  is  the  >proper  ground  for  him  to  take ;  and  we 
shall  now  proceed  to  demonstrate  that  there  never  was  any  neces- 
sity for  his  arbitrary  acts. 

"  On  the  29th  of  January  there  was  not  a  British  soldier  left  in 
arms  on  the  soil  of  Louisiana,  nor  within  a  shorter  distance  than 
six  hours'  sail  irom  its  shores.  True,  the  enemy  was  r^'U  in  its 
neighborhood,  and  still  powerful,  but  his  force  consister^  ot  4  de- 
feated, demoralized  army,  much  reduced  from  its  original  numbers, 
while  our  powers  of  resistance  had  been  greatly  increased  by  rein- 


•M^'£m''ir:'m^ 


[1816. 

Other  law ; 
le  Court  of 
'by  martial 
irmsj  which 
ind  arid  his 
ke  power  by 
that  such  a 
aUty.    The 
smbryo.    It 
>hed  in  our 
t  with  their 
ish  our  soil 
our  gallant 
tions  Ibrbid 
i  against  it. 
jd  the  rules 
,  when  mar- 
•,  then  I  am 
h  a  system,' 
'the  defeud- 
tion  of  mar- 
tessity — that 
i  purposes; 
lefit  he  can 
•undation  to 
es,  that  suc- 
.  ;ed,  if  that 
lis  behalf, 
larly  in  his 
of  the  City 
bion  that  he 
>ut  rests  his 
L  this  point ; 
ke ;  and  we 
any  neces- 

dier  left  in 
stance  than 
F*'n  in  its 
ter*  ot  a  de- 
al numbers, 
jed  by  reih- 


1816.] 


TBIAL  OF  GENEBAL  JAOESOK 


623 


foroements,  by  better  preparations,  and  by  the  confidence  resulting 
from  the  successes  already  obtained.  On  the  13th  of  February, 
Admiral  Cochrane  sends  to  General  Jackson  a  copy  of  a  bulletin 
received  from  Jamaica,  proclaiming  that  a  Treaty  of  Peace  was 
signed,  on  the  24th  of  December,  between  Great  Britain  and  the 
United  States,  and  '  begs  leave  to  offer  his  sincere  congratulations.' 
On  the  19th,  General  Lambert,  the  Commander-in-Chief  of  the  Brit- 
ish forces,  confirms  the  information,  compliments  the  defendant  on 
the  prospect  of  peace,  and  '  hopes  soon  to  communicate  the  notice 
of  the  ratification  being  exchanged.'  On  the  21st,  General  Jackson 
so  far  believes  in  the  near  prospect,  if  not  the  actual  existence  of 
peace,  as  to  write  to  Admiral  Cochrane  about  the  restoration  of 
pmate  property  taken  from  our  citizens,  and  the  propriety  of  the 
cessation  of  hostilities.  At  this  juncture,  Louaillier,  a  member  of 
the  Legislature  of  the  State,  one  of  our  most  respectable  citizens, 
and  in  noway  connected  with  the  army  and  militia  of  the  United 
States,  published  in  one  of  the  journals  of  the  city  a  communication 
censuring  some  of  the  official  acts  cf  the  defendant.  He  is  arrested 
on  the  5th  of  March  &b  a  spy,  and  brought  before  a  court-martial 
to  be  sentenced  to  death  in  case  of  conviction.  This  was  clearly 
an  act  of  illegality.  Was  the  danger  of  his  remaining  at  liberty  so 
great  as  to  justify  this  illegality  ?  On  the  very  same  day,  the 
magistrate  whose  protection  is  sought  by  Louaillier  is  also  arrested 
by  the  defendant.  What  pressing  danger  required  such  a  step  ? 
Would  the  safety  of  the  country  have  been  put  in  peril  if  the  Dis- 
trict Court  of  the  United  States  had  been  permitted  to  decide  on 
the  legality  of  the  arrest  of  Louaillier  ?  A  few  hours  after  this  ex- 
traordinary proceeding  and  this  monstrous  exercise  of  brute  force, 
on  the  6th  of  March,  the  defendant  informs  General  Lambert  that 
he.  General  Jackson,  had  received  intelligence  from  Washington 
that  the  treaty  had  been  ratified  by  the  President  and  Senate  of 
the  United  States,  but  that,  by  some  unaccountable  accident,  a  dis- 
patch on  another  subject  had  been  substituted  for  the  one  intend- 
ed to  give  him  official  notice  of  this  ev4ht.  He  has,  however,  be- 
fore him  the  courier's  declarations ;  he  has  the  order  of  the  Post- 
master-General directing  his  deputies  to  forward  the  express  car- 
rying intelligence  of  the  recent  peaou.  'ITrum  other  sources,  to 
which  he  gives  credit,'  he  has  also  learned  that  the  same  express 
has  brought  official  notice  of  the  treaty  to  the  Governor  of  Tennes- 
see. Therefore,  he  tells  Lambert  thlit '  very  little  doubt  is  left  in 
his  mind'  about  the  restoration  of  peftce.  He  proposes  1  cessation 
of  hostilities  in  anticipation  of  the  expected  communication  jn  an 


^^j; 

:  ;) 

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tlt 


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■  '  ■*■-  ■'■■  ' 


624 


TBIAL   OF  OENEBAL  JACKSON. 


[1816. 


M    * 


official  form ;  he  assures  the  British  General  of  the  satisfaction  he 
feels  in  reflecting, '  that  their  correspondence,  begun  as  commanders 
of  hostile  armies,  terminates  as  officers  of  nations  in  amity.'  Where 
was  the  necessity^  under  such  circumstances,  to  keep  in  prison  « 
member  of  the  Legislature  of  the  State  of  Louisiana  and  a  Judge 
of  the  United  States,  in  open  and  admitted  violation  of  the  Consti- 
tution and  laws  of  the  land  ?  Nay — '  so  little  doubt'  had  the  de- 
fendant in  his  mind  of  the  restoration  of  peace,  so  '  persuasive'  of  the 
fact,  to  use  his  own  expression,  was  the  evidence  he  had  received, 
that,  on  the  8th,  he  disbanded  and  dismissed  to  their  homes  the 
Avhole  militia  of  the  State,  and  consented  that  the  French  subjects 
residing  in  New  Orleans  should  be  free  from  military  duty  and  ex- 
empted from  the  decree  of  expulsion  he  had  issued  against  them. 
If,  on  that  occasion,  he  did  not  believe  in  the  suspension  of  the 
state  of  war,  he  acted  in  a  manner  which  would  have  subjected 
him,  as  a  military  man,  to  disgrace  and  severe  penalties  before  a 
court-martial.  If,  on  the  contrary,  he  was  satisfied,  as  everybody 
was,  that  a  treaty  of  peace  had  been  signed  and  ratified,  where  was 
the  necessity  of  still  retaining  Louaillier  and  Judge  Hall  in  dur- 
ance ?  The  defendant  is  placed  in  a  dilemma  of  his  own  making, 
and  whichever  alternative  he  takes,  it  works  to  his  injury.  It 
seems  to  us  we  may  be  permitted  to  say  in  conclusion,  that  credu- 
lity itself  could  not  admit  the  proposition  that  persuasive  evidence 
of  the  cessation  of  war,  and  belief  in  the  necessity  of  such  a  violent 
measure  as  the  prevention  of  the  exercise  of  judicial  power  by  a 
legitimate  tribunal,  could  exist  at  the  same  time  in  the  defendant's 
mind.  We  are  compelled,  therefore,  to  attribute  the  arbitrary 
proceedings  of  the  defendant,  not  to  his  conviction  of  their  neces- 
sity, but  to  the  indulged  infirmity  of  an  obstinate  and  morbidly 
irascible  temperament,  and  to  the  unyielding  pride  of  a  man  natu- 
rally impatient  of  the  least  show  of  opposition  to  his  wilL" 


m. 


m 


^ri 


We  regi'et  to  record,  that  Greneral  Jackson  so  far 
forgot  what  was  due  to  his  personal  dignity  and  to  his 
national  reputation,  as  to  allow  himself  to  be  persuaded 
to  resort  to  a  petty  quibble,  in  order  to  avert  the  judg- 
ment of  the  Court.  He  was  made  to  asseverate  that  his 
intention  had  been  to  imprison  Dominick  A.  Hall,  and 
not  the  Judge.  Dick  coolly  refen-ed  him  to  the  affidavit 
of  i^s  own  Aid,  Duplessis,  the  Marshal  of 'the  Court, 


[1816. 

iction  he 
manderB 
Where 
prison  n 
a  Judge 
e  Consti- 
1  the  de- 
ve'  of  the 
received, 
omes  the 
1  subjects 
ty  and  ex- 
inst  them, 
on  of  the 
subjected 
B  before  a 
jverybody 
where  was 
all  indur- 
rn  making, 
njury.    It 
hat  credu- 
e  evidence 
h  a  violent 
ower  by  a 
defendant's 
arbitrary 
eir  neces- 
morbidly 

ImannatU" 
n 


so  far 
id  to  his 
ifsuaded 
le  judg- 
that  his 
[all,  and 
J  affidavit 
le  Court, 


1815.] 


.^4.0K8on's  noble  speech. 


625 


VM 


who  swore  to  his  having  used  these  words:  ''I  have 
shopped  the  Judge." 

(The  case  was  closed,  and  sentence  remained  to  be 
passed.  The  Court  said  that  it  was  becoming  to  manifest 
moderation  in  the  punishment  of  the  defendant  for  the 
want  of  it ;  and  that,  in  consideration  of  the  services 
the  General  had  rendered  to  his  country,  imprisonment 
shoidd  make  no  part  of  the  Sentence,  which  was  limited 
to  a  fi|ie  of  one  thousand  dollars  and  coats.  It  .was  in- 
stantly discharged,  and  the  General,  on  his  coming  out 
of  the  Gonrt^iouse,  entered  his  carriage;  the  horses  were 
removed,  and  the  people  enthusiastically  dragged  it  to 
the  Exchange  Coffee  Hoiise,  where  he  addressed  a  large 
crowd  in  a  manner  worthy  of  himself.  '*  I  have,"  he 
said,  ^  during  the  invasion,  exerted  every  one  of  my  facul- 
ties for  the  defence  and  preservation  of  the  Constitution 
and  the  laws.  On  this  day,  I  have  been  called  on  to 
submit  to  their  operation  under  circumstances  which 
many  persons  might  have  thought  sufficient  to  justify 
resistance.  Considering  obedience  to  the  laws,  even  when 
we  think  them  unjustly  applied,  as  the  first  duty  of  the 
citizen,  I  did  not  hesitate  to  comply  with  the  sentence 
you  have  heard  pronounced,  and  I  entreat  you  to  remem- 
ber the  example  I  have  given  you  of  req)ectftil  submis- 
sion to  the  adthinistratioQ  of  justice."  The  citizens  in- 
sisted on  refunding  to  hito  the  amount  of  the  flue  he  had 
paid,  on  the  ground  that  they  considered  it  their  own 
debt ;  but  he  peremptorily  refused. 

rA  reactioa  had  tf^en  {dace  in  £Eivor  of  General  Jack- 
son^ even  maimg  his  most  violent  oppopenteiy  on  account 
of  ^e  propriety  and  nobility  of  his  late  d«f|ortment.  It 
would  kave  been  WbU  for  him  ta  have  pe^tted  things 
to  remain  as  ^y  stood;  Wt,  eith^  golded  by  some 
malignant  adviisr,  or  goa<kd  by  the  rashness  of  his  own 
temper,  he  published,  a  few  days  after,  in  one  of  the 
40 


I. r  .  . 


'.H 


'i:V 


If:  ^ 

■MP 


0^  \ 


..■-*■   >■■    ■( 


m 


:  V'  •■■  ii;  S 


626 


Jackson's  violent  tempeb. 


[1815. 


rC' 


'Ah 
f 

•if 


jortirnals  of  New  Orleans,  the  answer  lie  had  offered  to  the 
District  Court,  preceded  by  an  exordi  nm,*  in  which  he 
complained  that  the  Court  had  refiibed  to  hear  it.  He 
add  id,  that  the  Judge  "  had  Indulged  himself,  on  his 
ronte  to  Bayou  Sara  when  driven  out  of  the  city,  in 
ir;ni  sting  apprehensions  as  to  the  fate  of  the  country, 
equally  disgraceful  to  himself,  and  injurioua  to  the  in- 
terest and  safety  of  the  State,"  and  concluded :  *'•  Should 
Judge  Hall  deny  this  statement,  the  General  is  prepared 
to  prove  it  fully  and  satisfactorily." 

This  provocation  and  this  reopening  of  the  conflict 
did  not  remain  long  unnoticed,  and  the  following  piece 
appeared  in  answer : 

*'  It  is  stated  in  the  intioduotory  remarks  of  General  Jackson, 
that,  on  the  Judge's  ronte  to  Bayou  Sara,  he  manifested  apprehen- 
sions as  to  the  safety  of  the  country,  disgraceful  to  himself  and 
injurious  to  the  State.  Judge  Hall  knows  full  well  how  easy  it 
is  for  one  with  the  influence  and!  patronage  of  General  Jackson  to 
procure  certificates  and  siBdayits.  He  knows  that  men,  usurping 
authority,  have  their  delators  imd  spies ;  and  that>  m  (he  sunshine 
of  imperial  or  dictiJi,torial  power,  swarms  of  miserable  creatures  are 
easUy  generated  from  the  surrounding  oorruption,  and  rapidly 
changed  into  the  shape  of  buudng  informers.  Notwithstanding 
which,  Judge  Hall  declares,  that  on  hie  route  to  Bayou  Sara,  he 
uttered  no  sentiment  disgraoeM  to  himself^  or  injurious  to  the 
State.  He  calls  upon  General  Jackson  to  furnish  that  full  and 
satis&ctory  evidence  of  his  assertion  which  ha  says  he  is  enabled 
to  do." 

The  General  probably  discovered,  but  too  late  for  his 
honor,  that  he  had  imprudently  taken  a  position  which 
he  could  not  sustain;  for  he  remained  ntont,  and  thus 
left  s31  the  advantage  with  hie  adversary.  It  must  have 
been  to  him  a  source  of  deep  humilwtion  to  retire  from 
the  conflict  which  he  had  invited,  withoii^  rededming  the 
word  which  he  had  pledged  with  such  solemnity.    It 

-'--  >w  •Martin'sHistoryofLouislana,  p.  425,  vol.2. 


m^ 


'l  - 


[1815. 

ed  tothe 
vhicli  lie 
rit.    He 
f,  on  Ws 
5  city,  in 
i  country, 
10  the  in- 
*  Should 
\  prepared 

ke  conflict 
wing  piece 


iral  Jackson, 
,ed  apprehen- 
,  himaelf  and 
how  easy  it 
al  Jackson  to 
len,  usurping 
^e  aunstine 
creatures  are 
,  and  rapidly 
iwithatanding 
tyou  Sara,  he 
orious  to  the 
tbat  foil  and 
he  is  enabled 


late  for  his 
litioB  which 
it,  and  thus 
mtist  have 
retire  from 
leemiBg  the 
lemnity.    I* 


1815.] 


FEDEEMi  CGMPLDIENTS   TO  LOUISIANA. 


627 


gratified  the  malice  of  his  enemies,  and  it  mortified  his 
friends.  He  soon  after  departed  from  the  theatre  of  jis 
glory.  We  now  dismiss  him  from  the  pages  of  this 
History,  after  having  represented  his  acts  and  character 
with  those  lights  and  shades  which  appertain  to  them, 
and  observed  that  strict  impartiality  of  truth  which  we 
have  considered  as  our  sacred  duty.  He  lived  to  bo 
twice  elected  President  of  the  United  States,  and  to 
exerciBO  over  the  destinies  of  his  country  an  influence 
which  was  still  felt  long  after  he  had  descended  iato  the 
grave.  He  would  have  saved  himself  from  many  diflS- 
culties  and  painftil  struggles,  if  the  iron  bar,  to  which 
his  indomitable  will  was  &  mpared,  had  been  lined  with 
silk  or  velvet,  and  if  he  had  i  ot  neglected  those  arts  of 
conciliation  which  are  not  incompatible  with  the  utmost 
firmness  of  purpose  and  rectitude  of  conscience.  But 
be  always  preferred  to  break  through,  than  to  go  round, 
any  obstacle.  Such  as  he  was,  however,  he  command- 
ed more  than  any  other  man  ever  did  the  instinctive  sym- 
pathies of  that  vigorous,  restless,  thoroughly  democratic 
commonwealth  among  which  his  lot  had  been  cast,  and 
whatever  his  ^Eiults  were,  hif»  country  remembers  only 
his  virtues,  his  patriotism  and  his  glory. 

The  following  Eesolutions,  complimentary  to  the  peo- 
ple of  Louisiana,  and  of  New  Orleans  in  particular,  were 
unanimously  adopted  by  Congress : 

"  Eesolvedf  That  Congress  entertain  a  high  sense  of  the  patriot- 
ism, fidelity^  seal,  and  courage  with  which  the  people  of  the  State 
of  Louisiana  promptly  and  unanimously  stepped  forth,  under  cir- 
cumstances of  imminent  danger  from  a  powerful  invading  army, 
in  defence  of  all  the  individual,  social,  and  political  rights  held 
dear  to  man.  Congress  declare  and  proclaim  that  the  brave 
Louisianians  deserve  well  of  the  whole  people  of  the  TJnited 
States^  v.-ji  it   .=         . 

"  Resolvtdj  That  tlongrese  entertain  a  high  sense  of  the  gene- 
rosity, benevolence,  and  humanity  displayed  by  the  people  of  New 


i 


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^           7            /-li  i                     i 

■■■   W^  >!    ■  ■ 

628 


THE  president's  PABDON  PEOOLAMATION.        [1815. 


>>:€! 


Orteaiis,  in  volantarily  offering  the  best  accommodations  in  their 
power,  and  giving  the  kindest  attention  to  the  wounded,  not  only 
of  our  own  army,  but  also  to  the  wouuded  prtsonen  of  the  van- 
quishc'l  foe.**  .     -"i 

The  President  of  the Unitt'd  Staf^^^g  issued  y-  jiroclama- 
tion  declaring  **a  free  and  iuli  pardon  '  of  nil  ofltences 
committed  in  rk/lation  j£  anj^  act  or  acts  of  Congress 
touching  the  revenae,  trade  and  navigation  of  the  United 
States,  or  touching  the  intercourse  a^pd  co ;amt  ce  of  the 
Umted  Staiies  with  foreign  nation^  at  jurj  time  before 
the  8th  of  January,  ir  tie  year  eigM'^en  hundred  and 
fifteen,  by  any  person  or  pex-sons  whatsoever,  being  in- 
habitai'ts  of  New  Orleans  and  the  adjacent  country,  or 
being  inhabitants  of  the  Island  of  Barataria  and  the 
places  ai^acent,  in  the  State  of  Louisiana. 

"  It  had  been  long  aacertaineti,"  said  the  President,  "  that  many 
foreigners,  flying  from  the  dang(^  of  theiir  own  home,  and  that 
some  citisens,  jforgetAil  of  their  duty,  had  ooK>perated  in  forming 
an  establishment  ou  the  Island  of  Barat«Tia,  near  the  moiith  of 
the  river  MissisnLppi,  for  the  purpose  of  a  clandestine  and  lawless 
trade.  The  Government  of  the  United  States  caused  the  estab- 
lishment to  be  broken  up  and  destroyed ;  and,  having  obtained 
the  means  of  designating  the  ofl^nders  of  eyery  deser^tion,  it  only 
remained  to  answer  the  demands  of  jastioe  by  infliotiag  an  exem- 
plary pnoishment. 

"  But  it  has  since  been  represented  that  the  offenders  have  mani- 
fested a  sincere  repentance,  that  they  have  abandoned  the  prosecu- 
lion  of  the  worst  cause  fbr  the  suf^KUt  of  the  best,  and,  particu- 
larly, that  they  have  exhibited  in  the  defence  of  New  Orleans 
unequivocal  traits  of  ctiurage  and  fidelity.  (MRenclers,  who  have 
refused  to  become  the  associates  of  the  eaet&y  in  war,  upon  the 
most  seducing  termtof  invitation,  and  who  luive  sided  to  repel 
his  hostile  invasion  of  the  territory  of  the  United  States^  ean  no 
longer  be  considered  as  objects  of  ptmishmentj  bvt  as  ob^ts  of 
a  generous  for^iveneBS.** 

Before  the  end  of  the  Spring,  Louisiana,  which  had 
been  so  recently  in  a  condition  of  tumultuous  agitation, 


[1816. 

in  their 
not  only 
the  van- 


roclatna- 
offences 
IJongress 
e  United 
;e  of  tlie 
le  before 
dred  and 
jeing  in- 
untry,  or 
and  tlie 


•that  many 
le,  and  that 
in  forming 
e  mputh  of 
md  lawless 
the  estab- 
Ig  obtained 
tion,itonly 
g  an  exem- 

i  have  mani- 
the  prosecu- 
md,  partiow- 
ew  Orleans 
J,  who  have 
^r,  ttfKW  tbe 
led  to  repel 
lately  ean  no 
objeetft  of 


rWch  bad 
agitation, 


1815.] 


CLAIBOBNE   VINDIOATINO   HIM8ELF. 


629 


had  returned  to  the  unruffled  calmness  of  a  state  of  pro- 
found peace.  There  were  hardly  any  traces  l^ft  of  the 
late  invasion,  save  angry  discussions  which  would  occa- 
sionally arise  in  relation  to  those  misunderstandings 
which  had  existed  between  General  Jack^an,  the  Legis- 
lature, the  Governor,  Judge  Hall  and  other  prominent 
individuals.  It  was  the  remaining,  but  subsiding  turbu- 
lence of  the  waters,  after  the  storm  had  swept  away. 
Claiborne  had  been  severely  blamed  by  some  for  hav- 
ing put  the  whole  militia  of  the  State  under  the  com- 
mand of  a  Federal  officer,  and  for  having  thereby  made 
of  her  Executive  a  nullity  for  the  protection  of  her  citi- 
zens. At  the  next  session  of  the  Legislature,  he  noticed 
this  charge  in  these  terms,  in  his  annual  message : 

"It  is  known  to  you,  gentlemen,  that,  on  the  requidtipn  of 
Migor-General  Jackson,  acting  under  the  authority  of  the  Presi- 
dent, I  did,  in  the  late  gre^t  emergency,  order  into  the  service  of 
the  Union  the  militia  of  this  State,  and  that,  during  the  continu- 
ance of  such  service,  the  whole  remained  out  of  my  control.  I  am 
aware  that  my  conduct  in  this  respect,  to'^eth'Si  «vith  subsequent 
events,  in  which  I  either  had,  or  was  supposed  to  have  had,  an 
agency,  has  become  the  subject  of  much  severe  animadversion. 
It  is  not  easy  to  limit  the  influence  of  calumny  and  misrepresenta- 
tion, and,  therfefbre,  it  is  very  probable  that  impressions  to  my  in- 
juxy  may  have  been  effected.  But,  if  there  is  an  honest  man  in 
this  State,  or  elsewhere,  who  supposes  chat  I  would  shrink  from 
the  investigation  of  any  charge  which  could  be  exhibited,  or 
apprehend  aught  fW>m  the  result  of  such  investigation,  ke  little 
knows  how  itrongty  lam  fortified  in  eonsciotu  rectitude.  As  regards 
our  militia,  IJie  total  number  was  no  more  than  equal,  with  the 
succor  received  in  time  from  the  sister  States,  to  repel  the  invasion. 
This  militiaf  werd  badly  armed,  and  destitute  of  camp  equipage  and 
munitions  (ff  war.  Funds  to  procure  these  necessary  supplies 
were  not  at  my  disposal,  much  less  had  I  the  means  of  providing 
for  their  transportation,  snbmstenoe  and  pay.  To  htfve  retained  the 
command,  I  must  have  declined  obedienee  to  the  call;  and,  in  that 
case,  all  the  expenditures  on  account  of  our  militia  must  have  been 
«lefhiyed  by  the  State,  conformably  to  the  principles  establi^ed 
by  the  War  Department,  as  I  then,  and  do  still,  understand  them. 


)». 


(I 

■.i  ' 

V 

•>  1 

f 

■\ 


V'^^y  i 


i|p!' 


030 


CLAIBOENE   VINDICATING  HIM8ELP. 


[1815. 


But,  by  meeting  the  requisition,  these  expenditureg  devolved  upon 
the  United  States.  Hence  a  part  of  the  militia  have  been  paid  off, 
nd  I  shall  be  disappointed  if  the  claims  of  the  rest  are  not  soon 
di  'charged  with  all  the  good  faith  which  oharacterizca  the  General 
Gov  -rment.  A  call  on  an  individual  State  for  its  quota  of  any 
number  of  a  required  force,  apportioned  under  the  orders  of  the 
President  among  the  several  States,  is  a  common  occurrence.  An 
obedience  to  it  would  always  be  considered  by  me  as  a  duty  im- 
posed by  the  Constitution  and  laws.  A  demand  on  a  State  for  its 
whole  force  can  seldom  happen.  It  perhaps  never  wilji  be  made  on 
a  State  strong  in  population  and  rich  in  resources.  Should  it 
occur,  the  Governor,  finding  himself  enabled,  in  any  emergency,  to 
move  his  militia  with  dinpatch  and  effect,  may  be  permitted  to  deliber- 
ate, before  he  gives  up  the  whole  of  that  force  intrusted  to  him 
for  the  maintenance,  within  his  own  State,  of  good  order  and  the 
supremacy  of  the  law.  But  I  was  without  any  ground  for  hesita- 
tion ;  and  the  more  readily  placed  our  whole  militia  in  the  service 
of  the  United  States,  under  a  conviction  that  they  would,  in  con- 
sequence, be  brought  to  the  field  with  more  promptitude  and  effi- 
cacy. For  such  individual  distress  of  feding  as  may  have  resulted, 
I  find  an  ample  recompense  in  the  triumphs  of  my  country,  to 
which  the  people  of  the  State  where  I  have  long  presided  so 
greatly  aided." 

Availing  himself  of  this  opportunity  to  express  his 
views  in  relation  to  the  perturbation  in  New  Orleans 
that  had  been  produced  by  the  course  which  General 
Jackson  had  deemed  proper  to  pursue,  after  the  retreat 
of  the  invaders,  the^ovemor  further  said : 

"  Great  as  is  the  cause  for  patriotic  exultation,  on  the  glorious 
defence  of  the  country,  grateful  as  we  must  all  feel  for  the  rescue 
of  this  capital  from  capture,  rapine,  and  perhaps  conflagration,  I 
shall  never  cease  to  regret  that  it  was  accompanied  and  succeeded 
by  the  prostration  of  a  part  of  our  laws  and  oivil  authorities.  I 
know  this  is  justified  on  the  plea  of  necessity,  and  apparently  to 
the  satisfaction  of  the  nation.  I  cannot  suppose  that  any  opinions 
of  mine  will  in  the  least  affect  the  public  sentiment.  'They  would 
probably  have  no  other  tendency  than  to  raise  the  angry  passions 
of  the  intolerant  of  the  prevailing  faith.  But  I  shall  not  hesitate 
to  say,  that  if,  at  any  time,  I  listened  to  the  doctrine  of  doing  evil, 
that  good  might  come  out  of  it,  and  that  the  end  jaetijut  the  means,  I 


1816.]  Washington's  advick.  031 

am  now  oonvinoed  thnt  the  admiHsiou  of  thib  principle  iuto  uflUii-K 
of  State  mast  prove  invasive  of  the  rights  and  destractivo  to  the 
happimees  of  a  tree  people.  Yes,  gentlemen,  my  experience  in 
Louisiana  has  taught  me  how  to  reverence  the  sage  advice  of  the 
great  Washington,  when  he  urges  his  countrymen  to  respect  the 
anthority*cf  the  laws,  and  cautions  them  to  mmt  the  spirit  of  inno- 
vation^ however  apeeioua  the  pretext^  and  to  permit  no  change  by  usurpa- 
tion ;  for  although  this^  says  this  illustrious  patriot,  mai/  in  one  in- 
atanee  be  the  instrument  of  good^  it  is  the  eustonary  weapon  by  which 
free  governments  are  destroyed.  The  precedent  must  always  greatly 
eounterbaianee  in  permanent  evil  any  pariial  or  transient  benefit  which 
the  use  can  at  any  time  yieW^ 

t 

The  annual  mes8)ages  of  our  Governors,  for  some  time 
after  the  formation  of  the  State,  used  to  be  responded 
to,  as  the  speech  firom  the  throne,  on  the  opening  of  the 
sessions  of  the  British  Parliament,  calls  for  an  address 
,  from  that  body.  This  usage  has  since  been  discontinued. 
On  this  occasion,  in  reply  to  that  part  of  the  Governor's 
message  in  which  he  aUuded  to  the  violent  measures 
pursued  by  General  Jackson,  the  House  of  Representa- 
tives said:  "Great  indeed  is  the  cause  for  patriotic 
exultation  in  the  glorious  defence  of  this  country,  and 
the  rescue  of  this  capital  from  the  manifold  dangers 
with  which  it  was  menaced.  To  Heaven,  to  the  hero 
who  led  oui'  forces,  and  to  the  bra^^e  men  composing 
them,  we  owe  the  greatest  gratitude ;  and  where  there 
is  so  much  to  admire,  we  are  not  disposed  to  dwell  upon 
aome  deeds  which  we  ocmnoi  approve.^"* 


X'  y 

7H:     . 


V 


-'■"If 

■■;■',     3 

r 

i                      ' 

•r' -^  ^: 

'..:..  i 


r*t<' 


Sir 


:,()J!J|i|.  .i-i'^z 


;:.!<•■   f. 


•«••■ 


%> 


-iiHf 


:«■       fr-«,. 


-f  ~*       >,■ 


SUPPLEMENTAL  CHAPTER. 


1816—1861. 


1816.  With  the  preceding  Chapter  closet  the  detailed  history  of 
Louisiana.  From  that  time  until  the  epoch  when  she,  in  company 
Avith  Bcveral  of  her  sister  States  of  the  South,  declared  the  Fcdera) 
Union  at  an  end,  and  resumed,  as  an  independent  Sovereign,  the 
powers  which  she  had  delegated,  her  annals  ceased  to  be  marked 
by  any  of  those  striking  erents  which  commonly  give  attraction 
to  the  pages  of  history.  Her  life,  as  a  Commonwealth,  was  on  the 
whole  but  a  quiet,  ever-swelling  stream  of  uninterrupted  prosper- 
ity, save  occasionally  by  those  epidemics  to  which  her  climate  is 
subject,  by  the  overflowing  of  her  grand  river,  by  the  imprudence 
of  commercial  speculations,  the  abuse  of  credit,  the  too  great 
emission  of  paper  money,  and  the  ulTwise  expansioa  and  contraction 
of  bunking  operations,  which  always  result  in  a  fatal  crisis  that  is 
invariably  felt  in  all  the  arteries  and  sinews  of  the  social  body.  But 
Louisiana  hardly  halted  in  her  march  to  wealth  and  power,  not- 
withstanding these  temporary  calamities  and  these  agrieultural, 
commercial  and  financial  reverses,  which  were  soon  forgotten, 
and  hardly  left  any  traces  of  their  passage  under  the  luxuriant 
development  o^'  her  unbounded  resources,  which  speedily  cov- 
ered these  ruiii.  with  the  rich  mantle  of  their  tropfcal  vegeta- 
tion. Notwithstanding  Federal  injustices  or  neglects  and  sectional 
jealousies,  her  magnificent  city  of  New  Orleans,  the  emporium  of 
a  mighty  trade,  was  annually  visited  by  a  thousand  ships ;  her 
broad  fields,  teeming  with  exuberant  fertility,  continued  to  be  the 
Hcenes  of  Arcadian  felicity,  and  the  homes  of  all  her  inhabitants 
the  ever  remembered  seats  of  cordial  and  refined  hospitality. 
Disdaining  too  long  to  resent,  in  her  generous  imprudence,  the 
constant  attacks  of  her  enemies  against  one  of  her  internal  institu- 
tions, she  concentrated  her  attention  and  her  energies  on  the  ame- 
lioration of  her  Legislation,  on  the  building  of  railroads,  the  exca- 
vating of  canals,  the  erection  of  charitable  and  educational  institu- 
t;  ns,  the  establishment  of  a  system  of  public  schools,  and  the 

(682) 


1810.] 


DEATH   or   GOVERNOR   CLAIBORNE. 


033 


oomplKe  dovelopment  of  her  vast  renourcet  by  State  action,  or 
by  assisting  the  individaal  enterprise  of  her  citizens.  A  minute 
record  of  those  domestic  events  and  industrial  efforts  would  hardly 
be  of  sufficient  interest  to  most  readers,  and  would  compel  us  to 
exceed  the  limits  which  we  have  {)rescribed  to  this  work.  We 
shall,  therefoi«,  content  ourself  with  taking  only  a  general  view  of 
the  progressive  condition  of  the  State  iVom  the  end  of  Governor 
Claiborne's  administration  to  the  time  when  she  withdrew  from  the 
Federal  Union. 

The  administration  of  Oovemor  Glaibome  drew  to  a  close  with 
the  year  1816.  When  the  Legislature  met  in  November,  Clai- 
borne complimented  them  on  the  fortunate  results  of  the  restora* 
tion  of  peace.  He  said  "  that  its  auspicious  uiflnence  on  agricul- 
ture, commerce,  and  indeed  all  the  pursuits  of  civil  life,  whs  sensi- 
bly felt."  He  wanned  up  at  the  prospect  of  uninterrupted  pros- 
perity which  he  saw  looming  up  for  the  State.  **  The  press  of 
migration  to  our  peaceAil  shores,"  he  observed,  "the  preference 
shown  by  the  unhappy  exile  to  this  iiivored  land,  assure  me  that* 
elsewhere,  man  cannot  find  as  great  a  share  of  safety  and  felicity. 
How  fortunate  is  our  lot !  Amidst  the  aflUotions  of  nations,  small 
is  the  portion  fkllen  to  the  United  States !  Whilst  with  pious  hu- 
mility we  bow  in  gratitude  to  God  for  such  signal  proofs  of  His 
favor,  let  us  with  zeal  and  assiduity  persevere  in  every  measure 
which  promises  to  strengthen  and  perpetuate  the  great  principles 
of  civil  and  religions  iireedom."  He  concluded  this  valedictory 
address  with  the  sinoerest  aoknowlddgments  for  the  many  proofs 
of  personal  confidence  for  which  he  was  indebted  to  the  people  of 
Loiiisiana,  and  whieh,  as  he  assured  them,  "  would  remain  deeply 
engraved  on  a  grateful  heart."  He  was  succeeded  in  December, 
1816,  by  Major^General  Viller^,  after  having  been  thirteen  yenrs 
Governor  of  Loul«iana.  He  did  not  remain  long  in  private  life ; 
for,  a  few  days  after,  on  the  13th  i)f  January,  1817,  he  was  elected 
to  the  Senate  of  the  United  States  for  a  full  term.  He  died  on  the 
23d  of  November,  in  the  same  year,  leaving  a  respected  memory  in 
the  State  of  which  he  had  been  so  long  the  Chief  Magistrate.  He 
was  succeeded  in  the  Senate  by  Henry  J(rfm8<ni,  who,  subsequent- 
ly, became  Governor  of  the  State. 

1818.  Gh>vemor  Villere,  in  his  annnal  message  of  the  17th  Jan- 
uary, 1818,  is  as  enthusiastic  as  his  predecessor  on  the  prosperity 
of  Louisiana,  Mid  on  the  advantages  which  the  is  to  derive  £rom  her 
admission  into  the  great  family  of  the  United  States.  Alluding  to 
the  late  invasion,  he  said :  "  Providence,  after  having  protected  us 


1 


; , 

\ }  ■■'■ 

•■-.•„.    JM 

.      f  ■ 

Vl^^ 

.'.{.. 

•'    ' 

■''•'•  ^ 

■      •**       *' 

684 


GOVERNOR  JAMES    '  ILLIJIC. 


[1818. 


in  battle,  deigned  to  yield  poacu  to  our  desires.  Our  political  and 
commercial  relations  with  foreign  countries  were  immediately  re- 
established ;  and  it  is  this  day  a  just  subject  of  congratulation  to  ob- 
serve with  what  rapidity  the  continually  iuoreasing  prosperity  of 
our  affaire  has  in  a  manner,  as  it  were,  effaced  even  the  recollection 
of  our  Hufforings.  The  most  abundant  crops  have,  especially  during 
the  last  year,  rewarded  the  labors  of  agriculture,  and  commerce 
finds  every  day,  in  profits  continually  renewed,  the  just  price  of 
its  indefatigable  activity.  What  other  people  can  flatter  them- 
selves, fellow-citizens,  to  enjoy,  under  the  sole  govenimeut  of 
laws,  an  extent  of  liberty  and  happiness  comparable  to  ours  ?  The 
Louisianian  who  retraces  the  condition  of  his  country  under  the 
government  of  Kings,  can  never  cease  to  bless  the  day  when  the 
great  American  Confederation  received  him  in  its  bosom."  The 
worthy  Governor,  evidently,  was  no  prophet,  and  did  not  foresee 
that,  before  half  a  century  had  elapsed,  his  own  grandsons  would 
have  to  cur»t  the  day  when  they  became  politically  united  under 
the  same  General  Government  with  their  new  "  fellow-citizens  " 
of  the  North  and  Went,  and  would  probably  think  that  the  worst 
tyranny  of  King$  was  amiable,  when  compared  with  the  treatment 
they  were  destined  to  undergo  from  the  fierce,  fanatical  and  unre- 
lenting majority  of  their  Sepubliomn  associates  and  loving  brothers. 
It  seems,  howevet ,  that  whatever  were  his  Utopian  hopes,  "  the 
press  of  migration  to  our  peaceful  shores  "  which  Claiborne  had 
seen  with  so  much  satisfaction,  was  not  unattended  with  evils,  for 
he  states  that  "  the  multitude  of  strangers  who  crowd  here  doily 
necessarily  occasion  a  multiplicity  of  offences."  He  recommends 
the  adoption  of  a  more  stringent  judicial  organization  to  prevent 
the  repetition  of  "  those  scandaldns  practices  which  are,  almost  at 
every  instant,  taking  place  in  New  Orleans  and  its  suburbs."  On 
the  5th  of  March  of  the  same  year,  **  the  preference  shown  by  the 
unhappy  exile  to  our  favored  land,"  as  exultingly  expressed  by 
Claiborne,  had  become  so  threatening  to  the  safety  of  our  capital, 
that  Governor  Villere  made  it  the  subject  of  a  special  message  to 
the  Legislatui-e.  "  A  melancholy  experience  has  convinced  me," 
he  said,  ^  that  if  our  institutions  tend,  in  general,  to  insure  the  hap- 
piness of  a  people  no  less  generoin  than  worthy  of  liberty,  we 
still  have  occasion  to  adopt  some  new  measures  for  the  purpose  of 
protecting  ourselves  against  the  flagitious  outrages  to  which  the 
peace  and  security  of  our  oitiaens  are  exposed  through  the  great 
lenity  of  our  laws. 
"  I  will  not  attempt  to  describe  to  you  the  disorders  and  crimes 


1819.] 


OOVEBKOR   JAMES    VILUCRS. 


085 


■.I 


•"  ; 


^t' 


of  which,  (luring  nearly  all  laHt  month,  this  city  han  l>een  the  thea- 
tre ;  public  report  has  probably  informed  you  of  them  ;  nor  do  1 
doubt  but  you  will  agree  with  me  in  aacribing  their  caure  to  the 
])rodigiouB  increase  of  our  population.  It  is  natural  to  think  that 
u  great  nttmb«r  of  those  men  who  lately,  under  the  Mne  pretext 
of  serving  the  cause  of  the  Spanish  patriots,  scoured  the  Oulf  of 
Mexico,  making  its  wares  groan  under  the  direAil  weight  of  their 
vessels  fraught  with  depredation,  have  come  to  take  refuge  among 
us ;  and  we  daily  see  arriving  in  our  hospitable  land  a  multitude  of 
foreigners,  whom  the  calamitiea,  the  revolutions  and  the  peace  of 
Europe  compel  or  induce  to  emigrate. 

"Among  those  of  the  latter  description,  there  are  doubtless 
many  individuals  respectable  for  their  virtues,  their  talents,  morals, 
induHtry,  and  especially  for  their  misfortunes ;  but  it  were  madness, 
I  think,  not  to  be  aware  that,  among  the  emigrants,  as  well  as 
among  the  maritime  freebooters,  there  must  be  an  infinite  number 
who,  if  not  whol!;  unprincipled  and  void  of  honor,  are  little  esti- 
mable and  little  worthy  of  our  confidence.  If  those  are  to  be  re- 
ceived with  kindness,  th  se  have  little  or  no  claim  to  our  protec- 
tion, and  indeed  we  should  be  cautious  in  receiving  all  foreigners." 
The  Governor  then  recommended  that,  in  imitation  of  the  btate  of 
New  York  and  others,  "  some  provisions  wisely  rigorous  "  should 
be  adopted, "  for  the  purpose  of  obliging  foreigners,  of  whom 
there  was  so  great  an  influx  hither  from  all  parts,  to  give  us  some 
reasonable  assurance  of  their  good  conduct,  before  they  should  be 
entitled  to  ei\joy  the  protection  of  our  laws,  and  participate  with 
our  citizens  in  the  advantages  afforded  by  our  happy  country." 
In  conclusion,  he  observed :  "  By  these  additional  means  we  shall 
be  able  to  keep  from  our  land  ill-disposed  persona,  and  to  secure 
ourselves  from  the  dangers  to  which  we  are  exposed  from  those 
who  are  already  among  us.  It  is  thus,  and  only  thus,  that  Louisi- 
ana, while  she  continues  to  be  the  sacred  asylum  of  the  worthy 
and  virtuous,  will  cease  to  be  looked  upon  as  the  resort  of  those 
profligate  wretches,  whose  existence  is  everywhere  a  burden." 

1819.  On  the  6th  of  January,  1819,  Governor  Yillere,  in  ad- 
dressing the  Legislature,  congratulated  himself  on  not  having,  as 
at  the  period  of  the  last  session,  to  lay  before  the  General  Assem- 
bly a  frightful  picture  of  disorders  and  enormities."  He  attribu- 
ted it  "  to  the  creation  of  the  Criminal  Court  of  the  City  of  New 
Orleans,  and  to  the  indefittigable  zeal  with  which  the  judges  who 
composed,  it  had  discharged  their  duties."  He  added :  "  Owing 
also  to  the  just  firmness  of  juries,  the  violators  of  our  laws,  the 


■,r;> 


•I 


636 


GOVERNOR   JAMES   YILLEH]£. 


[1820. 


*^i 


malefactors  of  every  description  have  suffered,  or  are  undergoing 
the  punishment  due  to  their  crimes.  Hence  it  is  that  the  City  is 
now  in  the  enjoyment  of  the  most  perfect  seourity."  According 
to  the  same  authority,  the  ever-growing  prosperity  of  the  State 
left  hardly  anything  to  be  desired.  "  The  mild  and  powenul  in- 
fluence of  the  lately  restored  peace  had  been  felt  throughout  all 
clabses  of  the  community.  Party  spirit  had  almost  entirely  disap- 
peared, and  hardly  did  any  remembrance  remain  of  those  danger- 
ous distinctions  which  had  been  created  by  idle  prejudices  between 
citizens  of  foreign  origin.  Our  population  had  been  considerably 
augmented ;  agriculture,  industry  and  commerce  were  in  the  most 
flourishing  condition.  If  commerce,  indeed,  had  for  some  time  ex- 
perienced, and  still  continued  to  experience  pecuniary  embarrass- 
ments, the  careful  observer  could  easily  discover  the  cause  of  it  in 
its  very  prosperity,  or,  at  least,  in  the  greaL  extension  which  the 
speculating  and  enterprising  spirit  that  animated  and  marked  the 
character  of  our  citizens  had  given  it  in  all  parts  of  the  Union. 
Hence,  far  from  being  uneasy,  he  conceived  the  most  brilliant 
hopes  for  the  future."  Such  is  the  glowing  description  given  by 
the  Governor.  Well  might  he  exclaim :  "  May  we  always  by  our 
conduct  render  ourselves  deserving  of  such  blessings  1 "  -^n 

1820.  In  January,  when  the  tegislature  met,  Louisiana  was 
still  luxuriating  in  the  smiles  of  Heaven,  with  the  exception  of  the 
infliction  of  yellow  fever,  which,  as  usual,  had  visited  New  Orleans 
during  the  preceding  autumn.  But  a  great  portion  of  her  inhabi- 
tants had  almost  become  reconciled  to  its  ravages  from  the  fre- 
quency of  their  return.  For  them  it  had  no  more  terrors  than  had 
for  the  ancients  the  skull  which  used  to  figure  among  the  roses  and 
other  luxuries  that  adorned  their  banqueting  tables.  There  were 
even  some  who  felt  friendly  to  the  scourge,  as,  in  their  opinion,  it 
checked  that  tide  of  immigration  which,  otherwise,  would  have 
speedily  rolled  its  waves  over  the  old  population,  and  swept  away 
all  those  landmarks  in  legislation,  customs,  language  and  social 
habits  to  which  they  were  fondly  attached.  "  Among  the  opulent 
States  which  compose  this  immense  and  powerful  Republic,"  said 
the  Governor, ''  the  State  of  Louisiana  is  not  the  least  remarkable. 
The  observer  no  longer  recognizes  the  feeble  and  languid  colony, 
which,  yielding  to  a  foreign  impulse,  seemed  ever  ignorant  of  the 
vast  resources  it  possessed  in  the  astonieihing  fertility  of  its  inex- 
haustible soil,  and  unconscious  of  the  high  destinies  to  which  it 
Avas  called  by  its  felicitous  topography.  The  progress  of  its  agri- 
culture, the  increase  of  its  commerce,  and  its  population  now  treb- 


1820.] 


GOVBBNOB   T.    BOLLINQ   BOBEBTSOIf. 


637 


led  under  the  anspieious  inflnenoe  of  its  wise  and  benoficent  insti- 
ttttions,  all  attest  that  the  people  were  worthy  of  the  emancipation 
so  essential  to  their  prosperitj."  On  the  22d  of  November,  1820, 
when  he  delivered  his  last  message,  no  cloud  had  arisen  to  darken 
the  Elysian  fields  of  Louisiaina.  Peace  and  contentment  dwelt  alike 
in  the  rich  man's  luxurious  house  and  in  the  humble  cabin  of  the 
pioneer.  In  thp^t  message  we  remark  the  following  passage: 
"  Wherever  we  turn  an  inquiring  eye,  it  is  impossible  among  the 
civilized  nations  of  the  earth  to  discover  one  whose  situation  we 
can  reasonably  envy,  'i  <  most  powerful  are  certainly  much  less 
free,  the  most  free  are  less  tranquil,  the  most  tranquil  less  inde- 
pendent, and  the  most  independent  less  sheltered  from  foreign 
influence  than  the  great  American  family."  It  will  be  the  painful 
task  of  the  fhture  historian  to  discover  and  relate  the  causes  which 
led  to  the  rapid  decay,  fall  and  destruction  of  this  social  and  politi- 
cal paradise. 

Thomas  Boiling  Robertson,  who  had  for  several  years  represent- 
ed the  State  with  distinguished  talents  in  the  Lower  Houi^e  of  Con- 
gress, succeeded  Viller6  as  Governor,  in  1820.  In  his  inaugural 
address  he  was  as  enthusiastic  as  his  predecessor,  when  reviewing 
the  resources,  the  merits  and  the  future  of  the  State  of  which  he 
had  become  the  Chief  Magistrate.  *'  When  we  contemplate  the 
destinies  of  our  State,  confided  in  an  especial  manner  to  your  care," 
he  observed,  "  what  irresistible  inducpmenta  to  exertions  present 
themselves !  Blessed  with  a  feriUe  and  everlasting  soil,  yielding 
products  of  inestimable  price ;  a  river  the  most  useful  and  magnifi- 
cent in  the  universe,  passing  through  regions  rich  with  the  labors 
of  a  numerous  and  increasing  population ;  a  city  unrivaled  in  its 
commercial  advantages,  a  natural  internal  navigation,  requiring 
but  little  improven.ent  to  pervade  every  part  of  the  State ;  forests 
of  timber  universally  sought  after  as  best  adapted  to  purposes  of 
civil  and  naval  architecture ;  a  community  peaoefynl,  industrious, 
flourishing  and  submissive  to  the  laws ; — these  are  some  of  the  proud 
boasts  of  Louisiana.  Let  us  unite,  then,  to  improve  and  develop 
them,  and  where  the  God  of  hature  has  done  so  much,  dosomethiog 
ourselves,  that  we  may  not  seem  insensible  of  the  beauties  He  has 
bestowed.'*  As  to  the  General  Government,  he  declared  that, 
"  compared  with  the  other  Govcmments  of  th«  earth,  it  towered 
high  above  them  in  the  wisdom,  economy  and  virtue  of  its  meas- 
ures. Respected  by  the  Monarchs  of  Etirope  foi*  its  power,  and 
fbared  for  its  purity,  it  receives,"  he  said,  ^  as  it  merits,  an  almost 
undivided  portion  of  the  aflfection  of  its  citizens  at  home." 


M' 


III  \ 

mi' " 


•'If 


V-"<i»<-    »! 


■♦': 


•1.:!:!   :■• 


638 


GOVERNOR   T.    BOLLING   ROBERTSON. 


[1820. 


•*  He  admitted,  however,  that  this  best  of  Governments  had  not 
been  just  to  the  State  in  relation  to  her  public  lands :  "  The  public 
domain  in  Louisiana,"  he  said,  "  before  the  change  of  Government, 
was  parceled  out  and  given  to  those  who  would  emigrate  and  set- 
tle in  thp  country ;  now  it  is  neither  given  away  nor  sold,  and  ex- 
tensive tracts  which,  if  inhabited,  would  add  to  the  strength  and 
wealth  of  the  State,  still  remain  waste  and  uncultivated.  This  has 
not  been  the  case  in  other  parts  of  the  United  States ;  and  although 
it  is  admitted  that,  with  respect  to  us,  there  are  great  and  peculiar 
difficulties,  it  is  hoped  that  we  shall  soon  be  placed  in  a  situation 
as  eligible  as  the  other  frontier  States  of  the  Union."  The  Gov- 
ernor soon  discovered  that  this  hope  was  not  to  be  realized.  Lou- 
isiana, notwithstanding  her  merits,  and  perhaps  on  account  of  her 
merits,  never  ceased  to  play  the  part  of  Cinderella  in  the  "  glorious 
American  family,"  into  which  she  had  been  introduced  amidst 
jeers  and  gibes,  and  despite  the  irate  opposition  of  some  of  its  mem- 
bers who  dwelt  in  the  inhospitable  regions  of  the  North. 

The  Governor  also  complained  of  the'  defenceless  condition  in 
which  our  maritime  coast  was  left,  leaving  it  accessible  to  invasion 
at  any  time ;  of  the  repeated  attempts  to  force  upon  rhe  country 
an  "  unconstitutional  and  unjust  tariff  for  the  benefit  of  manurac- 
tures  to  the  dctviraent  of  agriculture ;  and  of  the  restrictions  which 
were  sought  to  be  imposed  on  the  people  of  Missouri,  about  now 
to  exercise  their  right  of  throwing  off  a  worse  than  colonial  de- 
pendence and  taking  their  equal  stand  among  the  States  of  the 
Union."  If  the  people  of  Missouri,  who  were  then  living  under  a 
form  of  Territorial  Government  established  by  Congress,  were  in  a 
worse  condition  than  "  colonial  dependence,"  it  is  difficult  to  im- 
agine how  such  a  state  of  things  could  exist  under  a  Government 
which  "  towered  far  above  the  other  Governments  of  the  earth  for 
its  wisdom  and  virtue."  The  fact  is,  that  it  had  been  the  settled 
policy  of  that  pre-eminently  "  virtuous"  Government  to  grind  Mis- 
souri and  Louisiana  to  the  dust,  and  to  make  them  pant  to  throw 
off  the  "  yoke"  which  had  been  put  upon  their  necks,  in  order  to 
compel  them  to  renounce  rights  which  had  been  secured  to  them 
by  treaty,  in  the  hope  of  escaping  from  their  oppressive  bondage. 
The  Federal  Shylock  exacted  from  them  the  "  pound  of  flesh  near- 
est to  the  heart,"  when  he  had  no  bond  for  it,  and  when,  on  the 
contrary,  he  had  given  his  own  bond  not  to  pull  off  one  single  hair 
from  the  sacred  heads  of  the  minors  whom  France,  in  her  confiding 
credulity,  had  intrusted  to  his  paternal  care.  In  relation  to  the 
discussions  in  Congress  about  the  admission  of  Missouri,  he  added : 


1822.] 


GOVEBNOR   T.    BOLLTNG   ROBERTSON. 


639 


"  Fortunately  for  us,  the  newly  invented  sympathy  for  a  certain 
portion  of  our  population  had  not  been  discovered  at  tae  time  of 
our  introduction  into  the  Union,  or  it  is  probable  a  state  of  things 
would  have  been  attempted  as  insulting  to  the  independence  as 

ruinous  to  the  best  interests  of  the  State 

On  the  subject  of  slavery  all  we  have  to  ask  is  this,  that  our  East- 
em  amd  Northern  brethren  would  forgive  us  the  vice,  or  immorali- 
ty, or  misfortune,  as  they  indiiferently  term  it,  of  holding  slaves,  as 
we  forgive  them  the  disingenuousness  that  would  convert  the  cir- 
cumstance into  purposes  of  unholy  ambition."  These  were  specks 
on  the  horizon,  at  which,  however,  the  Governor  took  no  alarm,  for 
he  considered  these  questions  as  of  "little  importance  in  themselves, 
but  unfortunate  from  their  mischievous  tendency  and  from  the  un- 
friendly feelings  which  they  generated." 

1822.  In  January,  Governor  Robertson  represented  to  the 
Legislature  that  health  had  spread  its  blessings  over  us ;  that  agri- 
culture well  repaid  the  labor  bestowed  on  it ;  that  commerce  added 
its  accustomed  wealth  and  embellishment ;  that  crimes  and  offen- 
ces had  decreased,  whilst  the  laws  had  been  rendered  less  sanguin- 
ary, and  that  we  had  escaped  the  difficulties  and  embarrassments 
so  keenly  felt  in  other  parts  of  the  world,  arising  from  a  want  of 
value  in  their  products,  or  in  their  circulating  medium ;  but  "  he 
could  not  persuade  himself  that  the  United  States  had  per- 
formed the  duties  which  they  owed  to  this  interesting  section  of 
our  interesting  c  ountry."  Its  defences  were  still  neglected,  while 
large  sums  had  been  expended  "  on  distant  and  comparatively  in- 
significant positions."  '/)  ■>  topography  of  the  State  was  not  un- 
derstood at  Washington,  ai^d,  to  be  understood,  required  to  be  seen ; 
but  "  ours  is  unfortunately  the  only  portion  of  the  Republic,"  he  ob- 
served, "  not  only  always  unrepresented  in  what  is  termed  the 
Cabinet,  but  unkno  v  n  by  personal  observation,  as  well  to  all  its 
members  as,  with  few  exceptions  indeed,  to  the  legislators  of  the 
natiouk"  This  was  not  the  only  oversight  which  he  laid  at  the 
door  of  the  Federal  Government.  "  He  had  not  been  able  to  per- 
ceive the  wisdom  of  that  policy  which  had  sent  our  naval  force  to 
Africa,  whilst  our  own  coasts,  particularly  those  of  the  Gulf  of 
Mexico,  had  been  permitted  for  years  to  exhibit  scenes  of  blood 
and  rapine  unequaled  in  atrocity  in  the  annals  of  the  world."  As 
to  the  public  lands,  the  Governor  said  in  a  special  message  to  the 
Legislature,  on  the  21st  of  January :  "  This  State,  so  far  from  havmg 
been  favored,  as  seems  to  be  generally  supposed,  will  be  found,  after 
examination,  to  stand  almost  alone  in  the  injustice  which  it  has 


rti;:«i|  I 


•fsh'U-    ■ 


■  .   r 


640 


OOVEBNOB   T.    BOLLING   BOBEBTSON. 


[1822. 


experienued ;  for,  wb  jther  we  compare  our  situation  with  that  of  the 
Atlantic  or  the  Western  States,  it  will  be  perceived  that  we  have 
not  enjoyed  the  advantages  of  either.  The  Atlantic  States  re- 
served to  themselves  all  the  vacant  lands  within  their  limits ; 
some  of  them  large  tracts  without.  Let  it  not  be  supposed  that 
this  arrangement  is  considered  by  me  as  objectionable.  At  the 
time  of  effecting  iihelr  independence  and  changing  thmr  political 
situation,  they  wei-e  separate  existing  communitie'i,  and  could  not 
be  expected  to  act  otherwise ;  so  Connecticut,  Georgia,  Kentucky, 
and  others,  enjoyed,  and  still  enjoy  their  extensive  domains.  But 
the  country  now  forming  this  State  was,  at  the  time  of  the  change 
of  its  political  character,  an  existing  community,  a  colony  of 
France  as  they  were  colonies  of  Britain,  and  although  I  will  not 
883611;  that  Louisiana,  as  a  Government,  possessed  the  vacaut  cer- 
ritory,  yet,  as  a  society,  it  enjoyed  customs  and  usages  of  which  it 
ought  not  to  have  been  deprived.  Among  these  was  the  gratui- 
tous conces'sion  of  public  lands  to  all  natives  and  emigrants.  When 
we  take  a  view  of  this  subject  connected  with  the  donations  be 
stowed  on  the  Western  States  by  the  General  Government,  wt 
are  still  more  forcibly  struck  with  the  little  attention  which  our 
interests  appear  to  have  recaived. 

"  It  is  estimated  tb^^  already  7,gp9,903  acres  on  the  East  side  of 
the  Mississippi  have  V  3.  appropriated  for  the  purposes  of  educa- 
tion, and  thfit  the  qustutity  of  lands  on  the  WesD  of  the  same,  yet 
to  be  disposed  of  in  *»  similar  manner,  will  give  to  the  whole  ap- 
propriation a  value  ^<nouating  in  money  to  neai'ly  $S0,O0O,00O.  I 
now  ask,  of  all  this  pow  much  have  we  received  ?  How  much  can 
we  ever  hope  to  receive?  The  reservation  of  the  16th  section,  and 
the  donation  of  two  townships  of  land,  are  too  inconsiderable  in 
point  of  value  to  deserve  consideration.  From  circumstances  pe- 
culiar to  our  country,  Ae  16th  section,  in  a  general  survey,  will, 
most  commonly,  be  found  to  fall  to  the  West  in  swamps.,  or  bar- 
ren prairies ;  to  the  East,  in  ihe  pine  woods ;  whilst  from  the  delay 
of  the  Federal  Government  to  adjust  and  settle  land  claims  in  this 
countiy,  no  portion  of  the  domain  of  value,  now  belonging  to  the 
pubilc,  will  furnish  a  sufficient  extent  on  which  to  locate  the  town- 
ships intended  in  their  munificence  to  be  bestowed  upon  us." 
Thus  the  fat  oysters  had  all  been  given  to  the  favorite  membera  of 
the  family,  and  a  few  shells  thrown  in  mockery  to  Louisiaaa.  From 
the  Governor's  own  representations,  it  seems  that  the  beat  of  Gov- 
ernments was  not  free  from  prejudices  and  undue  partiixlities,  and 
that  it  had  ever  been  guilty  of  neglect,  injustice,  oppression  and 


1823.] 


GOVERNOR   T.    BOLLING    ROBERTSON. 


641 


ef  action,  to  our  detriment.  It  is  no  wonder  that  he  began  to  speak 
ironically  of  the  munificence  of  Federal  donations  to  the  noble  and 
generous  State  of  which  he  was  the  Executive. 

1823.  This  year,  the  Governor  became  still  more  explicit  in 
his  conunents  on  the  same  subject,  and  more  severe  in  his  strictures 
on  the  General  Government.  "  It  has  been  too  often,"  he  said, 
"  the  painfiil  duty  of  the  Executive  to  complain  of  the  injustice 
and  neglect  of  the  United  States.  Were  not  our  grievances  heavy 
and  flagrant,  a  very  sincere  respect  which  I  feel  for  the  General 
Government  would  induce  me  to  remain  silent,  in  the  indulgence 
of  a  hope  that  time  n^ght  bring  about  changes  favorable  to  our 
rights  and  interests ;  but  there  is  no  ground  for  such  expectation. 
We  have  too  few  votes  in  the  council  of  the  nation ;  we  are  too 
far  from  the  centre  of  power  to  be  regarded  at  Washington.  Dis- 
tance seems  to  operate  upon  them  like  time ;  and  events  which  arc 
a  thousand  miles  off,  are  like  those  which  happened  a  thousand 
years  ago.  Yet  duty  to  ourselves  compels  us  to  inquire  if  we  are 
now  to  become  ".^"creign  and  independent.  Are  we  forever  to  be 
deprived  of  rights  enjoyed  by  the  original  States  of  the  Union  ? 
Are  we  to  dee  our  State,  as  far  as  territory  constitutes  it  such,  in 
the  possession  of  another  government?  Does  not  the  fact  carry 
on  the  face  of  it  contradiction  and  absurdity  ?  If  large  portions  of 
Louisiana  remain  waste  and  unsettled,  there  is  no  difficulty  in 
pointing  out  the  cause.  If  internal  improvements  languish,  what 
prospect  have  we  of  their  assuming  a  more  favorable  aspect,  when 
we  are  told  that,  for  such  purposes,  the  United  States  cannot  inter- 
fere, and  when  we  know  that  the  land  is  without  our  jurisdiction  ? 
The  lands  within  a  3tate  without  its  jurisdiction  I  Our  necessities 
require  taxation^  ur^d  the  natural  subject  of  it  throughout  the  world 
- }  denied  us.  Even  when  their  property  is  reluctantly  disposed  of, 
it  is  still  protected  for  years  against  all  burdens  and  impositions. 
Roads,  levees  and  bridges  are  servitudes  which  attach  to  the  lands 
of  individuals ;  but  the  United  States,  our  great  landholder,  make 
none,  and  leave  us  the  alternative  of  non-intercourse  with  the  dif- 
ferent parts  of  the  State,  or  of  giving  value  to  their  lands  by  cut- 
ting roads,  and  raising  embaidanents  on  them  at  cur  own  ex- 
pense. 

"  The  sovereignty  of  the  United  States  over  the  territory  within 
our  limits,  if  not  utterly  incompatible  with  the  sovereignty  of  the 
State,  is  in  the  behest  degree  vexatious  and  inconvenient.  No 
other  part  o^our  common  country  has  suffiired  to  the  same  extent. 
Millions  of  acres  in  other  States,  and  even  in  the  Territories,  have 

41 


1H1 

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1 

m 

mi 


642 


GOVERNOR   T.    ROLLING   ROBERTSON. 


[1823. 


\PJ 


z{w 


been  promptly  brought  into  market,  whilst  here,  at  this  late  dry, 
after  eighteen  years'  4elay,  the  public  domain  remains  undisposed 
of,  unsurveyed,  impeding  our  progress,  encumbering  our  opera- 
tions, and  proving,  however  anomalous  the  idea,  a  curse  instead  of 
a  blessing  to  the  community.  Even  the  wood  of  their  swamps, 
useless  for  every  other  purpose,  and  necessary  for  that,  is  r^sed 
to  the  wants  of  the  numerous  steamboats  which  navigate  our 
magnificent  rivers ;  and  the  humble  and  laborious  wood-cutter  is 
harassed  with  prosecutions  in  regions  which  will  never  be  culti- 
vated. 

"The  Constitution  of  the  United  States  authorizes  Congress  to 
hold  and  exercise  legislation  over  places  purchased  by  the  consent 
of  the  State  Legislature  in  which  the  same  shall  be,  for  the  erection 
of  forts,  magazines,  arsenals,  dock-yards,  and  other  useful  buildings. 
The  places  held  and  legislated  over  within  this  State  have  not  been 
purchased  by  the  consent  of  the  Legislature,  and  are  rather  more 
extensive  and  numerous  than  tho  purposes  enumerated  require. 
Congress  has  power  also  "to  dispose  of  and  make  all  needftil 
rules  and  regulations  respecting  the  territory  or  other  property 
belonging  to  the  United  States."  May  we  not  consider  the  terri- 
tory as  disposed  of,  when  the  territory  becomes  a  State,  when  it 
is  placti  on  the  same  footing  jvith  the  original  States  of  the 
Union,  when  its  sovereignty  is  acknowledged  ?  Is  not  territory 
that  transcendental  property,  that  eminent  domain,  without  which 
sovereignty  cannot  exist  ?  Is  it  not  everywhere  considered  as  in- 
separable from  it  y  Virginia,  New  Hampshire,  and  other  States 
support  these  principles.  The  President  of  the  United  States  de- 
clares that,  after  the  most  liberal  construction  of  the  enumerated 
powers  of  the  General  Government,  the  territory  within  the  limits 
of  the  respective  States  belongs  to  them ;  that  the  United  States 
hav%no  rigiit,  with  the  exception  specified  in  section  8,  article 
1  of  the  Constitution,  to  any  the  smallest  portion  of  territory 
within  a  State. 

''  Pr^^perty  in  lands  is  but  of  two  sorts — general  and  particular. 
The  first  is  the  rig'j^.  of  the  whole  society,  exclusive  of  the  rest  of 
mankind — the  second  is  the  right  of  individuals.  It  would  be 
strange  to  contend  that  any  other  than  the  individuals  who  pos- 
sess the  particular  rights  could  form  that  society  to  which  belongs 
the  general  right.  The  United  States  derive  their  powers  from  the 
States  or  the  people,  whilst  Louisiana  is  in  the  situation  of  a  colony, 
a  province,  holding  such  rights  as  that  Government  has  chosen  to 
bestow.    This  is  an  inversion  of  the  station  which  properly  be- 


►^  -\' 


1823.] 


GOVERNOR  T.   BOLLING   ROBERTSON. 


643' 


longs  to  the  United  States  and  the  States  respectively.  But  it 
may  be  said  that  it  was  under  the  conditions  complained  of,  and 
some  others,  I  will  add,  highly  disgraccfiil — such,  for  instance,  as 
requiring  our  records  to  be  kept  in  the  English  language,  that  we 
were  permitted  to  rid  ourselves  of  the  oppression  of  territori*;?  vas- 
salage. For  this  is  but  too  true,  and  I  am  disposed  to  yield  up 
the  question,  if  it  shall  be  established  that  the  General  Govern- 
ment possesses  other  rights  than  those  conferred  on  it  by  the  Con- 
stitution. But  to  that  instrument  it  must  look  alone,  lior  can  a 
State,  with  safety  to  others,  be  allowed  to  divest  itself  of  powers, 
or  to  bestow  them  at  will.  Some  might  allow  the  United  States 
to  hold  the  whole  or  half  of  the  land  within  their  limits,  as  we 
have  done ;  others  might  give  them  their  navigable  rivers,  as  I  be- 
lieue  we  have  not  done ;  although,  at  the  negotiation  of  Ghent,  it 
was  a  question  of  giving  them  to  the  British,  It  is  useless  to  go 
further  into  detail ;  permit  the  States  to  give,  and  the  United 
States  to  receive,  and  the  whole  character  of  our  governments  is 
changed. 

"  It  is  probable  that  no  Power,  until  Congress  adopted  the  ex- 
pedient, ever  conferred  that  kind  and  degree  of  sovereignty  which 
belongs  to  the  States  of  this  Union,  retaining  at  the  same  time  the 
vacant  lands.  When  North  Carolina  agreed  to  the  independence 
of  Tennessee,  and  Virginia  to  that  of  Kentucky,  surely  nothing 
so  preposterous  was  pretended,  as  the  retention  of  the  unappro- 
priated territory  within  their  limits.  But  it  is  unnecessary  at 
present  to  press  this  subject  further ;  it  is  not  the  swamps,  the  prai- 
ries, the  pine-barrons,  nor  their  value,  which  Louisiana  needs ;  it  is 
that  sovereignty,  that  equality,  that  exemption  from  interference 
and  annoyance  in  her  domestic  concerns,  enjoyed  by  her  sister 
States,  which  she  respectfoUy  asks ;  and  to  this  end,  she  contents 
herself  with  insisting  again,  as  she  has  before  done,  that  Congress 
would,  in  obedience  to  the  Constitution,  dispose  of  the  territory 
within  her  boundary." 

This  is  a  true  and  graphic  description  of  the  wrongs  sustained 
by  Louisiana  from  the  United  States,  in  flagrant  violation  of  the 
faith  of  a  public  treaty  and  of  the  Federal  Constitution.  But 
there  is  nothing  more  conspicuous  in  the  history  of  the  United 
States  than  the  repeated  and  shameless  violations  of  that  solemn 
compact,  whenever  this  was  found  to  be  the  interest  of  a  himgry 
majority,  until  it  became  such  a  convenient  instrument  of  oppres- 
sion against  a  down-trodden  and  plundered  minority,  that  it  wore 
out  at  last,  and  broke  to  pieces  from  its  being  used  too  unsparingly. 


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644 


GOVEKNOR   T.    BOLLING   ROBERTSON. 


[1824. 


.J- 


3.,  .If- 


■'^■m^;f<'-^'^-- 


It  is  not  perhaps  astonishing  that  the  Federal  Government 
should,  at  that  time,  have  hardly  condescended  to  treat  Louisiana 
as  a  State,  when  wo  lee  that  her  Legislature,  with  the  approbation 
of  her  Executive,  proclaimed  that  her  capital  and  largest  city 
would  be  in  a  condition  of  great  insecurity,  without  the  presence 
of  Federal  troops.  None  but  the  powerftil  command  respect 
among  communities,  and  the  following  communication  from  her 
high-spirited  Governor  to  President  Monroe,  on  the  12th  of  Apiil, 
1823,  showed  but  too  dearly  her  weakness  and  her  dependence  on 
the  ruling  powers  at  Washington.  It  accompanied  "  Resolutions  " 
adopted  by  the  Legislature  and  forwarded  by  the  Governor  to  the 
President :  "  I  respectfully,*'  he  said,  "  ask  your  attention  to  the 
inclosed  Resolutions.  The  situation  of  New  Orleans  cannot  be 
considered  as  secure — surrounded  by  a  numerous  black  population, 
in  its  nature  always  hostile,  filled  up  with  emigrants,  and  free  ne- 
groes and  mulattoes  from  all  parts  of  the  world.  It  is  wonderful 
that  we  have  escaped  for  so  long  a  time  from  serious  internal  com- 
motion. We  cannot  conclude  that  this  fortunate  state  of  things  is 
to  continue  always.  I  add,  then,  my  wishes  to  those  of  the  Legis- 
lature, and  earnestly  request  that  the  already  feeble  support  which 
we  may  receive  from  the  troops  of  the  United  States  may  not  be 
diminished,  but  rather  that  its  efficiency  should  be  increased.  My 
own  opinion  is,  that  our  situation  requires  that  there  should  be  at 
all  times  a  few  companies  of  infantry,  and  at  least  one  of  artillery, 
conveniently  posted,  and  at  all  times  prepared  to  defend  and  pro* 
tect  this  city." 

1824.  In  the  beginning  of  this  year,  in  a  message  to  the  Legis- 
lature, the  Governor  resumed  the  subject  of  the  public  lands  in 
tl^  Same  mournful  strain.  "  We  have  a  larger  portion  of  fertile 
soil  than  any  other  State  in  the  Union ;  our  products  are  of  a  greater 
value ;  but  when  compared  with  these  advantages,  our  strength  and 
resources  are  extremely  insignificant.  When  I  took  my  seat  in  the 
House  of  Representatives — your  only  member — Ohio  had  but  one, 
Illinois,  Missouri,  Mississippi,  Alabama,  none.  Since  that  time, 
millions  of  acres  of  land  within  their  respective  limits  have  been 
oMired  for  sale ;  immigration  has  been  thus  permitted,  and  a  change 
in  their  situation  comm(>nsurate  with  this  great  impulse  has  taken 
place.  Contemplate  for  a  moment  their  growing  prosperity,  their 
imposing  representation,  their  numerous  and  fonnidable  militia ; 
then  look  at  home,  and  behold  a  scattered  population,  unsettled  and 
interminable  forests,  unadjusted  titles,  extensive  domains  in  end- 
less dispute  between  the  United  States  and  its  own  citizens'—in- 


[1824. 


1824.] 


OOVEENOr,   T.    BOLLING   ROBEETSON. 


645 


1^f. 


deed,  the  State  itself,  after  years  of  connection  with  the  Union,  a 
mere  debatable  land.  When  we  read  of  the  honorable  exertions 
of  our  sister  States,  their  canals  and  roads  and  bridgeit,  often  sur- 
passing  in  excellence  works  of  a  similar  nature  in  the  Old  World, 
we  feel,  as  Americans,  proud  of  their  enterprise — as  Louisianians, 
unavailable  regret  that  we  cannot  imitate  their  example  and  rival 
their  success.  We  cannot,  because  of  their  unjust  conduct  toward 
US.  In  the  nicest  point,  in  the  honor  of  our  State,  in  denying  to 
us  an  essential  attribute  of  sovereignty,  they  have  done  us  wrong. 
Ireland  may  complain  that  her  wealthy  satraps  abscond  from  a 
country  where  they  held  their  possessions ;  our  sister  States  of  the 
West  may  experience  inconvenience  from  their  class  of  non-resi- 
dents; but  in  both  these  instances  tl>e  property,  perhaps  of 
more  value  than  its  owners,  is  left  behind,  subject  to  the  ordinary 
or  extraordinary  demands  of  the  public.  Here  our  great  landlord 
la  not  only  an  absentee,  a  non-resident,  but  turns  his  key  as  well 
as  his  back  on  his  possessions,  exempts  them  from  all  taxation, 
declares  them  tabooed,  sacred  as  the  ark  of  the  covenant,  and  denoun- 
ces heavy  pains  and  penalties  on  all  by  whom  their  sanctity  is  not 
sufficiently  respected,  whilst  they  stand  a  nuisance  in  our  way, 
poisoning  the  sources  of  our  prosperity,  and  impeding  our  every 
step  toward  that  greatness  to  which  we  are  invited  by  our  other- 
wise enviable  and  nnequaled  advantages.  The  day  on  which  the 
disputed  land  claims  shall  be  adjusted,  and  the  domain  of  the 
United  States,  as  it  is,  I  apprehend,  unconstitutionally  considered, 
finally  disposed  of,  will  be  hailed  by  me,  if  I  live  to  see  it,  as  the 
commencement  of  the  real  independence  of  the  State ;  for  I  repeat 
that  our  present  situation  shocks  all  the  ideas  I  entertain  of  the 
nature  of  that  sovereignty  which  we  are  entitled  to  enjoy."  The 
Governor  might  have  added,  that  those  who  thus  "  turned  the 
key  "  on  the  public  domain  and  prevented  our  population  from  in- 
creasing b^  immigration,  tauntingly  assei'ted  that,  if  our  resources 
remained  undeveloped,  it  was  through  our  fault,  because  we  per- 
severed in  keeping  up  among  us  the  sinful  institution  of  slavery. 
He  contented  himself  with  saying  that, "  notwithstanding  those  ob- 
stacles, Louisiana  would  become,  as  far  as  afiluence  could  make  her 
so,  splendid  to  a  degree  that  must  eclipse  the  rival  pretensions  of 
any  other  section  of  the  Union,  and  that  she  was  approaching  with 
rapid  strides  the  great  destinies  which  awaited  her,  as  her  own 
Mississippi  rolled  on  its  waters,  though  impeded  by  casual  obstruc- 
tions, to  the  goal  to  which  it  necessarily  tended."  At  the  end  of 
his  administration,  in  November,  1824,  he  congratulated  the  Legis- 


■a. 


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646 


OOVEENOE  HENRY  JOHT^SON. 


[1820. 


lature"on  tho  happy  effect  of  that  poli>  y  which  had  heretofore 
Ixen  perseveringly  puraued.  Exempt  from  the  effects  of  stop- 
laws,  relief-laws,  and  other  similar  qn  ^rkery,  resorting  to  industry 
and  economy,  apd  aided  by  better  (TO|.v  than  had  for  some  years 
past  been  enjoyed,  the  people  would  probably  find  themselves  en- 
abled to  contribute  whatever  funds  might  be  necessary  for  purposes 
of  general  improvement."  He  commented  in  proper  teims  on  the 
malignant  audacity  with  which  a  member  of  the  Federal  House  of 
Representatives  had  lately  said  in  an  address  to  his  constituents, 
"  that  the  best  way  to  secure  New  Orleans  to  the  United  States 
was  to  reduce  its  consequence." 

A  few  weeks  before  the  expiration  of  his  term  of  office,  Govern- 
or Robertson  having  been  appointed  by  the  President  Judge  of 
the  United  States  Court  for  the  District  of  Louisiana,  H.  S.  Thi- 
bodaux,  who  was  then  President  of  the  Senate,  became,  by  virtue 
of  the  Constitution,  Acting  Governor,  until  the  Governor  elect, 
Henry  Johnson,  was  naugurated  in  December,  1824.  The  new 
Governor  had  been  for  several  years  a  member  of  the  Federal  Sen- 
ate, and  may,  therefore,  be  supposed  to  have  possessed  a  good  deal 
of  political  experience.  He  found,  on  his  being  installed  into  office, 
that  the  finances  of  the  State  had  been  administered  with  singular 
economy,  for  at  the  end  of  Governor  Villere's  administration  she 
tvas  without  a  cent  of  debt,  and  she,  now  owed  only  forty  thousand 
dollars.  In  his  inaugural  address,  delivered  on  ihe  13th  of  Dcoem- 
T)er,  1824,  he  recommended  to  the  heterogeneous  population  of 
Louisiana  the  observance  of  a  spirit  of  concord  and  reciprocal 
good-will,  which  could  hardly  be  supposed  to  prevail,  without  in- 
terruption, among  the  discordant  elements  which  composed  it. 
"  All  invidious  attempts,"  he  said,  "  to  foment  discord,  by  exciting 
jealousies  and  party  spirit,  with  reference  to  the  accidental  circum- 
stances of  language  or  birth-plaoe,  will  be  strongly  reprobated  by 
every  man  who  loves  his  country  and  respects  himself.  We  are 
all  united  by  one  common  bond.  We  neither  have,  nor  can  have, 
any  separate  or  distinct  interests ;  we  are  all  protected  by  the 
same  laws,  and  no  measure  of  policy  can  be  adopted  injurious  to 
one  portion  of  the  community,  without  affecting  every  other  in  the 
same  ratio." 

1826.  In  January,  when  the  Legislature  met,  the  Gk>vemor  in- 
formed them  that  the  hitherto  flattering  condition  of  the  State  was 
still  in  the  way  of  further  improvement.  He  had,  during  their 
recess,  traveled  over  the  whole  State  on  a  tour  of  inspection,  and 
the  result  of  his  observations  had  been  most  satisfactory.  "  I  have 


^; 


[1820. 


1826.] 


OOVBBNOK  UENBY  JOHN80N. 


G47 


!l;» 


been  highly  gratified,"  he  obwerved, "  iu  witnoasing  in  every  parish 
the  utmost  harmony  and  good-wiH.  Thone  syinptoms  of  diHcord 
which,  to  the  mortifioation  of  every  friend  to  his  country,  manifest 
themselves  on  some  occasions  in  this  our  favored  city  of  New  Or- 
leans, are  nowhere  perceptible  in  the  circumjacent  country ;  and 
even  in  the  city  they  arc  circumscribed,  and  confined  chiefiy  to  the 
columns  of  gazettes,  and  perhaf>s  to  u  few  persons  of  intemperate 
feelings,  or  whose  views  do  not  extend  beyond  the  mere  surfaoo  o*" 
things.  A  reader  nnsurning  the  statements  of  some  of  our  aty 
joumal^i  as  a  erii 
that  an  assemb 
terest,  living  ui 
the  institutionH 
Htepped  forth  wi 


?v. 


would  be  apt  to  deem  it  a  singular  v,n( 
•rsons  united  by  the  bond  of  comti\  u  ii  - 
\me  laws,  possessing  equal  devotion  to 
choice,  and  who,  in  a  trying  hour,  have 
one  accord  to  defend  them  with  their  blood, 
should  take  occasion,  from  mere  imaginary  distinctions,  to  expresH 
an  asperity  of  feeling  toward  each  other,  calculated  to  derogate 
from  our  character  and  consideration  abroad.  Let  us  unite  in  pur- 
suing a  course,  and  in  setting  an  example,  that  may  tend  to  unite 
the  hearts  of  all  our  fellow-citizens." 

According  to  the  Governor's  statements,  "  our  proximity  to  the 
province  of  Texas,  and  the  peculiar  situation  of  that  country,  had 
given  rise  to  disorders  and  depredations  along  our  frontier  on  the 
Sabine,  which  had  become  truly  alarming,  and  required  the  utmost 
vigilance  on  the  part  of  the  public  authorities.  A  number  of 
slaves  and  horses  of  our  citizens  had  been  stolen,  and  carried  into 
that  province  by  a  lawless  band  of  men  associated  for  that  pur- 
pose. It  also  had  proved  a  place  of  refuge  for  dishonest  debtors, 
who  fled  from  the  justice  of  their  own  country,  taking  with  them, 
in  some  instances,  property  mortgaged  for  the  payment  of  their 
debts.  The  Government  of  the  United  States,  at  the  request  of 
the  Louisiana  delegation  in  Congress,  had  stationed  a  detachment 
of  troops  near  the  Sabine,  with  a  view  to  prevent  these  abuses ;  but 
their  eftbrts  on  that  exposed  and  extensive  frontier  had  proved  in- 
adequate to  the  end  proposed."  This  state  of  things  shows  clearly, 
without  mentioning  other  considerations,  how  extremely  important 
it  was  for  Louisiana  that  Texas  should  become  a  part  of  the  United 
States. 

Like  his  predecessor,  Governor  Johnson  felt  himself  compelled 
to  advert  to  the  evils  resulting  from  the  condition  of  our  landed 
interests :  "  The  large  claims,  embracing  several  millions  of  acres, 
to  which  the  attention  of  the  Legislature  had  been  called  on  sev- 
eral occasions,  still  ]:emained  unadjusted.     Upward  of  twenty 


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648 


GOVEENOR  HENRY  JOHNSOS". 


[1826. 


years  had  elapsed  since  we  had  become  a  part  of  the  American  Con- 
federacy, and  had  looked  to  the  Congress  of  the  United  States  for 
the  redress  of  our  grievances  in  this  respect.  Nothing  effectual, 
however,  had  been  done.  All  attempts  which  had  been  made  in 
Congress  to  refer  our  claims  to  the  United  States  District  Court, 
subject  to  an  appeal  to  the  Supreme  Court  of  the  United  States, 
and  which  was  perhaps  the  most  expedient  method  of  settlement 
that  could  be  devised,  had  entirely  fiiiled  of  success.  If  these 
claims  were  good,  they  should  have  been  confirmed ;  if  invalid, 
they  should  have  been  expressly  rejected.  It  was  not  only  the 
parties  interested  who  suffered  by  keeping  these  in  suspense ;  the 
great  and  increasing  injury  inflicted  on  the  State  called  loudly  for 
redress."  Such  was  the  Governor's  language,  and  he  recommended 
a  memorial  to  Congress  from  the  Legislature,  "  couched  in  strong 
but  respectful  terms."  It  was  like  a  petition  to  the  lion  to  relin- 
quish the  sheep  on  which  he  was  feeding,  and  proved  equally  in- 
effective. 

The  question  of  slavery,  gathering  impetus  and  strength  as  it 
rolled  on,  was  no  longer  to  be  permitted  to  rest,  for  it  had  become 
a  settled  policy  to  keep  it  constantly  before  the  public.  The  Gov- 
ernor laid  before  the  Legislature  "ftesolutions"  of  the  States  of 
Connecticut,  Delaware,  >Tew  Jersey,.  Indiana,  Illinois,  Georgia  and 
Mississippi,  the  five  f'>rmer  approving,  the  two  latter  disapproving 
a  '*  Resolution  "  of  the  State  of  Ohio,  recommending  to  Congress 
and  to  the  States  the  abolition  of  slavery.  "  That  Resolution," 
said  the  Governor,  "  was  presented  to  your  consideration  by  my 
predecessor.  The  high  source  from  whence  these  Resolutions  emar 
nate  entitle  them  to  respectful  consideration."  The  impudent,  inter- 
meddling, and  unconstitutional  "  Resolution  "  of  the  State  of  Ohio, 
recommending  to  Congress  and  Louisiana  to  abolish  slavery,  en- 
titled to  respectful  consideration  I  It  is  by  such  timid  language, 
by  such  knee-bending  attitude,  that  the  abolitionists  were  encour- 
aged in  their  aggressions  from  the  beginning.  ''But  however 
pure,"  continues  the  Governor,  "  the  intention  in  which  that  of 
Ohio  may  have  originated,  I  cannot  withhold  tho  expression  of 
my  regret  that  it  should  have  been  proposed ;  nor  can  I  help  con- 
sidering  such  attempts  as  unconstitutional  in  their  character  and 
dangerous  in  their  tendency.  They  are  justly  regarded  as  tend- 
ing to  impair  the  validity  of  the  right  to  a  species  of  property 
which  is  as  mttoh  guaranteed  by  the  Constitution  as  any  other,  and 
even  as  an  infringement  of  the  sovereignty  of  the  States  concerned. 
Nor  do  they  subserve  the  interests  of  an  enlightened  philanthropy, 


1826.] 


GOVERNOR   HENRY   JOHNSON. 


649 


inasmuoh  as  they  may  awake  in  the  minds  of  those  who  arc  other- 
wise quiet,  and  as  happy  as  their  condition  will  admit,  a  desire 
and  hope  of  change  extremely  hazardous,  and  prompting  to  acts 
which  would  necessarily  bring  down  upon  them  calamities  fSair 
greater  than  any  which  now  exist.  The  evil  in  question  has  been 
entailed  upon  us  by  the  mother  country ;  an  evil  which  the  prog- 
ress of  things  is  tending  to  mitigate,  and  finally  to  remove.  Being 
called  upon  to  act  on  this  delicate  question,  we  should  be  unjust 
to  ourselves  were  we  not  to  express  our  opinion  temperately,  but 
decisively." 

Thus  the  State  of  Ohio  dares  openly  to  pursue  a  course  of  action 
toward  the  State  of  Louisiana  which  is  *'  unconstitutional  in  its 
character,  and  dangerous  in  its  tendency,"  which  "  impairs  the 
validity  of  property "  to  an  immense  amount  within  her  limits, 
which  is  an  "  infringement  of  her  sovereignty,"  in  the  opinion  of 
her  Executive,  and  that  effete  Executive  is  only  roused  to  the  ex. 
pression  of  a  "  regret"  that  such  should  be  the  purposes  of  Ohio,  and 
does  not  even  permit  that  regret  to  be  expressed  without  qualify- , 
ing  it  with  a  compliment  to  the  probable  "  purity  of  the  intention  " 
of  the  offender.  Nay,  he  admits,  much  to  the  gratification,  no  doubt, 
of  the  State  of  Ohio,  that  the  internal  institution  of  Louisiana 
which  she  had  attacked,  and  with  which  she  had  no  more  to  do 
than  with  the  laws  of  Japan,  is  an  "  evil ! "  He  seems  to  apologize 
for  its  existence  by  giving  it  to  be  understood  that,  it  is  through 
no  fault  of  ours,  and  that  it  has  been  "  entailed  upon  us  .by  the 
mother  country ;"  and,  making  his  deference  stoop  as  low  as  the 
bows  of  Eastern  venieration,  he  appears  to  seek  to  deprecate  the 
di.spleasure  of  Ohio,  by  informing  her  that "  the  progress  of  things," 
thereby  he  me»ns,  we  suppose,  the  christian&ing  public  opinion 
radiating  from  that  enlightened  land,  and  other  effective  agencies 
of  the  like  nature,  is  "  tending  to  mitigate,  and  finally  to  remove 
the  evil,"  which,  with  a  sisterly  affection,  she  wished  to  eradicate 
from  the  bosom  of  Louisiana.  The  Governor  was  a  very  worthy 
gentleman  in  private  life,  anxious  to  pleaeo  everybody  and  offend 
none ;  but,  it  is  by  such  men  as  he,  thus  deplorably  deficient  in 
statesmanlike  energy,  in  elevation  of  views  and  sentiments,  and  in 
official  self-respect ;  it  is  by  such  men  who,  in  their  public  and  po- 
litical capacity,  turned  the  othw  cheek,  whenever  slapped  in  the 
face  even  by  the  hand  of  Thersites,  that  the  Northern  and  East- 
cm  States  were  induced  to  come  to  the  conclusion  that  the  South- 
ern States  "  could  not  be  kicked  out  of  the  Union."  These  ex- 
pressions have  become  famour  --.nd  were  the  offspring  of  a  convic- 


m 

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650 


GOVERNOR  HENRY  JOHNSON. 


[1827. 


tion  which,  leading  to  the  perpetration  of  incessant  outrages,  pro- 
duced at  last  one  of  the  greatest  struggles  of  modem  times. 

1827.  The  Legislature,  being  officially  informed  by  the  Gov- 
ernor of  the  death  of  lliomas  Jefferson,  and  of  his  having  left  to 
his  family  no  other  inheritance  than  that  of  his  illustrious  name, 
voted  the  sum  of  ten  thousand  dollars  to  his  heirs,  which  wei-e  deli- 
cately tendered  as  "  a  tribute  of  gratitude"  from  the  State  to  the 
representatives  of  the  man  by  whom  "  she  had  been  acquired  to 
the  Uhion,"  and  to  whom  she  was  indebced  for  the  "  blessings  of 
political  and  civil  liberty." 

The  plea  which  had  been  put  forth  in  justification  of  the  Federal 
Government  for  stripping  the  new  States  of  the  vacant  lands  within 
their  respective  territories,  was  based  on  the  necessities  of  that  Gov- 
ernment. "  But  the  period  seems  now  to  have  arrived,"  said  the  Gov- 
ernor in  his  annual  message  of  1 827, "  when  the  fiscal  situation  of  the 
National  Government  is  so  flourishing,  that  sound  policy  would  dic- 
tate the  propriety  of  putting  the  new  States  oi?  an  equality  with 
the  old  in  regard  to  the  subject  of  the  vacant  lands.  Should  this 
be  done,  they  would  emulate  the  example  of  their  elder  sisters, 
and  likd  them  build  up  useful  institutions,  and  essentially  amelio- 
rate their  condition.  Without  these  lands,  the  new  States  have 
no  riesources  but  direct  taxation,  which  is  inadequrte  to  their 
wants  and  necessities.  It  is  now  believed  that  an  appt^al  on  this 
subject  will  not  be  made  in  vain  to  the  justice  of  the  older  States." 
Such  "justice"  as  Louisiana  obtained  from  the  "older  States," 
from  the  date  of  her  cession  by  France  to  1861,  when  she  attempt- 
ed to  become  really  and  effectually  independent,  is  recorded  in  the 
pages  of  history. 

1828.  It  is  impossible,  at  this  time,  to  read  without  a  sigh  the 
following  dithyrambic  effusion  sent  by  the  Gov3rnor  to  the  Legis- 
lature, in  1 828 :  "  Our  form  of  government  was  once  regarded  as  an 
experiment ;  its  success  is  now  the  proudest  triutaph  of  reason 
and  philosophy.  Here  all  political  power  emanates  from  the  peo- 
ple ;  the  laws  are  made  and  administered  by  men  of  their  choice, 
and  to  them  the  public  agents  are  directly  responsible.  Talents 
and  viftue  form  the  greatest  distinction  in  society.  Uiltrammeled  by 
the  prejudices  which  elsewhere  paralyze  the  efforts  of  genius, 
every  individual,  however  humble  his  birth  or  fortune,  may  freely 
aspire  to  the  highest  honors  of  the  Government.  Those  inestima- 
ble privileges  of  fireemen,  the  trial  by  jury,  the  Writ  of  Habeas 
Gorptis,  the  purity  of  elections,  the  freedom  of  the  press,  are  enjoyed 
by  no  other  people  in  an  equal  degree."    With  a  depth  of  faith 


[1821 

es,  pro- 
■1. 

le  Gov- 
r  left  to 
IS  name, 
ere  deli- 
;e  to  the 
aired  to 
isinga  of 

)  Federal 
is  within 
that  Gov- 
the  Gov- 
lon  of  the 
f  ould  dlc- 
illty  with 
dould  this 
er  sleters, 
ly  araello- 
ates  have 
!  to  their 
lal  on  this 
!r  States." 
sr  States," 
le  attempt- 
fded  In  the 

a  sigh  the 
I  the  Legls- 
irded  as  an  > 
of  reason 
^ra  the  peo- 
leir  choice, 
le.     Talentu 
imeled  by 
of  genius, 
Iraay  freely 
le  Inestlma- 
of  Habeas 
ire  enjoyed 
>th  of  faith 


1828.] 


GOVEBNOB   KEJSRY   JOHNSON. 


651 


which  must  have  been  based  on  the  consciousness  of  his  own  recti- 
tude, and  which  he  must  since  have  lost,  for  he  still  lives  a  mourn- 
ful patriarch  in  a  devastated  land,  hu  thus  continued :  '^  But  if  the 
temple  of  the  Constitution  r^hould  ever,  indeed,  be  assaulted,  the 
safeguards,  provided  by  its  founders,  defended  with  the  vigilance 
and  courage  of  the  people,  vill,  we  trust,  prove  adequate  for  Its 
preservation."  The  Governor  forgot  that,  If  we  are  taught  by  re- 
ligioi»to  put  our  "trust"  in  God,  we  are  equally  taught. by  history 
not  to  put  any  In  political  constitutions,  and  are  informed  that  the 
day  comes,  sooner  or  later,  when  "  the  vigilance  and  courage"  of 
a  people  are  no  longer  to  be  relied  on  lor  the  preservation  of  their 
liberties.  •  .^. 

The  Legislature  had  passed  a  bill "  more  effectually  to  prohibit  free 
negroes  and  persons  of  color  from  entering  into  this  State."  It  was 
vetoed  by  the  Governor  on  three  grounds :  The  first  was,  that  by  the 
8th  section  of  the  2d  article  of  the  Federal  Constitution,  the  power 
is  reserved  to  Congress  "  to  regulate  commerce  with  foreign  na- 
tions, and  among  the  several  States."  '*  Tet,"  observed  the  Gov- 
ernor, "several  of  the  sections  of  this  bill  relate  to  ships  and  to 
their  masters  and  owners,  laying  restrictions  and  imposing  penal- 
ties of  a  nature  that  have  always  been  considered  as  appertaining 
to  commercial  regulations."  The  second  objection  was,  that  a  free 
negro,  or  person  of  color,  excluded  from  the  State  by  the  operations 
of  this  bill,  might  be  a  Frenchman,  or  an  Englishman,  or  a  subject 
of  some  other  power,  and  that  to  seize,  fine  and  imprison  black 
seamen  for  the  offence  of  coming  into  our  port,  and  captains  of 
vessels  for  introducing  chem,  "  would  be  to  exercise  a  power  para- 
mount to  the  treaty-making  power  of  the  United  States,  and  would 
be  a  positive  Infraction  of  existing  compacts  with  foreign  nations, 
to  whose  subjects  the  right  of  free  ingress  and  egress  for  the  pur- 
pose of  commerce  is  guaranteed.  Those  nationtt  have  subjects 
of  the  class  of  people  embraced  in  this  bill  Might  not  the  enforce- 
ment of  such  restrictions  lead  to  retaliation  and  war  ?"  Accord- 
ing to  these  views,  a  French  or  English  negro,  for  instance,  being 
entitled  to  e^joy  all  the  rights  of  Frenchmen  and  Englishmen 
among  us,  coulu  not  be  prevented  from  establishing  a  commercial 
house  in  <>ne  of  the  principal  streets  of  New  Orleans,  from  driving 
his  gay  equipage,  with  white  footmen,  on  a  parallel  line  with  that 
of  the  Governor^  and  from  figuring  in  all  places  of  public,  resort, 
such  ds  theatres,  and  other  houses  of  entertainment,  on  the  same 
footii^  Mth  our  white  population,  because  his  English  or  French 
countrymen  had  such  privileges  secured  to  them  by  treaties ! 


& 

3  V » '. ' 

m  '■ 

9h<    > 

ibt" 

T? '.  J* ' 

I"' 

m 

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.tfh    V 


11 


652 


GOVERNOR  HENRY  JOHNSON. 


[1828. 


The  third,  and  last,  constitutional  objection  to  this  bill,  the  Gov- 
ernor considered  as  "  equally  strong."  He  remarked  that  the  2d 
section  of  the  3d  article  of  the  Constitution  secures  to  the  citizens 
of  each  State  all  the  privileges  and  immunities  of  citizens  of  the 
Koveral  States.  *'  In  the  consideration  of  this  bill,"  said  the  Gov- 
ernor, '*  it  is  only  necessary  to  ascertain  whether  the  persona  who 
are  its  objects  are  citizens  of  any  of  the  States  of  the  Union.  In 
this  inquiry,  the  fact  presses  itself  upon  us,  that,  in  some  of  the 
States,  they  are  citizens  to  the  AiU  extent  of  the  term.  If  we  can 
exclude  one  portion  of  the  citizens  of  those  States,  we  can  exclude 
the  whole.  K  we  are  free  to  refuse  ingress  to  them,  they  are 
equally  at-  liberty  to  deny  access  to  us ;  and  thus  the  most  fatal 
animosities  and  collisions  might  arise  between  the  States,  a  calam- 
ity which  it  was  the  object  of  the  Federal  Constitution  to  obviate." 
These  were  unexpected  admissions  from  the  Executive  of  a  slavc- 
hcliing  State ;  and  it  was  with  feelings  of  mortification  that  many 
remembered,  ever  since,  that  there  was  a  Governor  of  Louisiana 
who  openly  declared  to  her  Legislature,*  that  a  negro  was  as  much 
n  citizen  of  Massachusetts  as  John  Quincy  Adams  or  Daniel  Web- 
ster, and,  as  such,  entitled  in  our  State  to  all  the  rights  guaranteed 
by  the  Constitution  to  these  two  ctistinguished  men,  or  any  other 
white  man,  whilst  the  Federal  Government  and  Daniel  Webster 
himself,  as  Secretary  of  State,  refused  to  consider  persons  of  that 
class  as  citizens  of  the  United  States,  and  the  Supreme  Court  of 
the  United  States  subsequently  confirmed  this  view  of  the  ques- 
tion. But  the  negro  has  much  advanced  since,  and  there  is  no 
telling  where  he  will  stop. 

On  the  18th  November,  1828,  Governor  Johnson,  whose  term  of 
office  was  near  expiring,  sent  his  last  annual  message  to  the  Cham- 
bers. Nothing  had  happened  to  check  or  mai'  the  happiness  of  the 
people  of  the  State,  and  to  impede  her  growth  in  wealth,  population 
and  power.  Reverting  to  the  sore  question  of  the  public  lands,  the 
Governor  asserted  that  "  although  twenty-five  years  had  elapsed 
since  the  transfer  of  Louisiana  to  the  American  Government,  and 
although  we  had  abundMit  reason  to  rejoice  at  our  happy  condi- 
tion, and  to  acknowledge  in  other  respects  the  wisdom  and  justice 
of  the  Government  of  the  United  States  toward  us,  yet  it  was  cer- 
tain that  the  prosperity  of  the  State  had  been  greatly  retarded  by 
the  national  jurisdiction  exercised  over  the  public  lands."  The 
Governor  thus  admits  that,  in  one  respect,  the  prosperity  of  Louisi^ 
ana  had  been  retarded  by  the  policy  pursued  by  the  United  States. 

*  Executive  Journal,  p.  526. 


1828.] 


OOYEBI70B   HEIOIT   JOHNSON. 


G53 


In  such  policy  there  certainly  was  neither  "  wisdom"  nor  "justice." 
It  is  to  be  regretted  that  the  Qovemor  did  not  point  out  in  what 
other  respects  Louisiana  had  to  acknowledge,  in  relation  to  her 
own  indiridual  prosperity  and  interests,  as  a  distinct  unit  from  the 
general  welfare,  the  "wisdom"  and  "justice"  of  the  Federal  Gov- 
ernment. Cinderella  had  thriyon  with  the  rest  of  her  family,  but 
not  in  consequence  of  any  particular  attention  paid  to  her. 

It  seems  that  some  of  our  sister  States  had  also  no  cause  to  con- 
gratulate themselves  on  the  "wisdom"  and  "justice"  of  that  same 
Government,  so  far  as  their  own  individual  interests  were  con- 
cerned ;  for  the  Governor  informs  the  Legislature,  that  in  certain 
quarters  of  the  Union,  "  an  opposition  to  certain  acts  of  Congress 
had  been  recently  manifested,  even  indicating  a  threat  of  separa- 
tion." But  he  winds  up  with  saying :  "  However  oppressive  those 
acts  may  be  in  their  operation  upon  the  Southern  States,  the  char- 
acter and  extent  of  the  opposition  is  deeply  to  be  regretted.  The 
charter  of  our  liberty  is  too  sacred  thus  to  be  sported  with.  Sep- 
arate the  Union,  and  our  free  institutions  may  be  forever  de- 
stroyed. But  these  symptoms  of  partial  discontent  afford  no  just 
ground  of  alarm.  The  character  of  the  American  peopte,  the  de- 
votion they  have  displayed  to  the  principles  of  true  liberty,  and  to 
the  Constitution,  which  is  its  palladium,  afford  a  sufficient  pledge 
for  its  preservation.  We  have  enjoyed  too  much  happiness  as  a 
nation,  and  can  indulge  too  many  proud  recollections,  to  doubt 
the  durability  of  our  Federal  Government.  All  attempts  at  dis- 
union or  consolidation  will  be  met  by  the  frowns,  and,  if  necessary, 
resisted  by  the  arms  of  an  indignant  public."  Those  politicians 
who,  with  the  Governor,  affected  to  look  upon  a  confederacy  of 
independent  and  sovereign  States  as  a  "  nation,"  in  the  sense 
in  which  the  word  is  applied  to  France  or  England,  always  advo- 
cated measures  tending  to  "  consolidation,"  and  it  was  to  avoid 
this  dreaded  consolidation^  so  fraught  with  iszectional  oppression, 
and  the  direful  eonseqnences  of  it,  that  "  opposition  was  made  to 
oertain  aots  of  Congresii,"  which  went  so  far  as  to  "  indicate  a 
throat  of  separation"  in  those  days.  Governor  Johnson  has  lived 
to  see  a  proclamation  from  a  President  of  the  United  States  declar- 
ing, with  the  approbation  of  a  slavish  Congress,  that  the  State  of 
Lwniiiana  was  nothing  but  a  "  county"  in  the  Union.  His  term 
of  office  expired  with  the  end  of  l^e  year  18S8,  and  he  was  suc- 
ceeded by  P.  Derbigny. 

This  year,  1888,  was  marked  by  the  visit  to  New  Orleans  of 
General  Jackson,  who  had  been  invited  by  the  Legislature  to  par- 


J'' 
h' 

v!'i  ^ 

';'««!  if 

'  r, 

i-h\  I, 

W  i 

si.  Hi  •, 

■   ■  '  f, 

.V.  <- 


■•;.  u 


654 


GOVEBNOR   PETER   DERBIOITT. 


[1829. 


ticipate  in  the  celebration  of  the  annivewftry  of  the  victory  of  the 
8th  of  January,  1816.  Ten  thousand  dollars  had  been  appropriated 
for  his  reception  as  a  guest  of  the  State,  and  it  was  such  as  became 
that  illufitrions  personage  and  the  community  who  remembered 
his  Bcr^'ices.  Three  years  before,  in  188S,  Louisiana  had  also  re- 
oeivcd,  with  the  utmost  enthusiasm,  General  Lafbyette  as  her  guest, 
and  had  exLibited  in  her  hospitality,  as  usual,  that  refined  taste  and 
liberality  for  which  she  is  distinguished. 

1829.  Governor  Derbigny  had  previously  occupied  conspicuous 
positions  in  the  State,  such  as  Judge  of  the  Supreme  Court,  and 
had  been  also  Secretary  of  State.  Ilis  administration  was  short, 
for  he  was  killed  on  the  7th  of  October,  1829,  by  being  thrown  out 
of  his  carriage.  The  Oonstitution  devolved  the  office  on  the  Pres- 
ident of  the  Senate  until  a  Governor  should  be  elected  by  the  peo- 
ple and  be  duly  qualified.  A.  Beauvais  and  J.  Dupro  successively 
officiated  in  that  capacity  from  the  Governor's  death  until  the  81st 
of  January,  1831,  when  A.  B.  Roman  was  sworn  into  office.  That 
gentleman  had  been  a  District  Judge,  and  had  fulfilled  with  talent  and 
dignity  the  duties  of  Speaker  of  the  House  of  Representatives.  In 
his  inaugural  address  the  Governor  informed  the  Legislature  "that 
all  Europe  was  shaken  by  the.^ndeavors  which  nations  were 
making  to  obtain  institutions  more  or  less  like  our  own,  and  that 
our  Government  was  pointed  out  by  all  high-minded  men  as  the 
ihodel  of  that  perfection  to  which  they  hoped  one  day  to  bring 
the  institutions  of  their  own  country,  and  that  the  United  States 
would  know  how  to  preserve  the  exalted  station  which  they  held 
in  the  estimation  of  the  other  nations  of  the  earth."  These  much 
envied  United  States  were,  however,  threatened  at  the  time  with 
internal  convulsions,  and,  in  relation  to  this  fact,  the  Governor  re- 
marked :  "  Demagogues  may  speak  of  disunion,  and  threaten  to 
assemble  Conventions  for  the  purpose  of  resisting  the  laws  of  the 
United  States;  they  cannot  succeed  in  their  attempt.    But  even 

'■  should  they  contrive  to  convoke  thoie  assemblies,  no  serious  dan- 
ger would'  result  to  the  Union ;  the  Constitution  of  the  United 
States  has  already  withstood,  without  being  impaired,  shocks  much 
more  violent  <than  these.  In  the  history  of  a  notorious  Convention, 
to  vrhioh,  rince  many  years^  no  man  can  be  found  willing  to  ac- 

^knowledge  Ihat  he  ever  belonged;  the  nnllifiers  of  South  Carolina 

'  ought  pisinfy  to  read  their  impending  fate." 

The  question  of  the  public  lands,  so  vital  to  the  State,  pressed 
itself  upon  the  Governor's  mind  as  it  had  upon  that  o£  his  prede- 
cessors, but  he  observed  that  the  session  of  Congress  Was  so  far 


[1829. 

»ry  of  tho 
»roprifttetl 
18  became 
ntiembered 
d  also  re- 
her  gneflt, 
I  taste  and 

onspicuous 
Court,  and 
was  short, 
thrown  out 
•n  the  Pres- 
by  the  peo- 
mccessively 
ntil  the  .81st 
ffice.     That 
th  talent  and 
atives.      In 
ilftture  "that 
ations  were 
k«rn,  and  that 
1  men  as  the 
lay  to  bring 
nited  States 
eh  they  held 
These  much 
le  time  with 
Governor  rc- 
threateti  to 
B  laws  of  the 
.    But  even 
serious  dan- 
the  United 
ghooks  much 
Convention, 
Tiling  to  ac- 
»uth  Carolina 

tate,  pressed 
|o£  his  prede- 
Us  vfM  so  far 


1833.] 


OOVERNOB   A.   B.   SOMAN. 


655 


advanced,  that  any  claims  or  representations  which  the  Leginlaturo 
might  make  on  the  subject  would  reach  the  seat  of  Government 
but  on.  the  eve  of  their  a^oumment.  "  It  is  for  this  reason,"  he 
said,  "  that  I  abstain,  at  this  time,  from  submitting  to  your  consid- 
eration various  representations  which  we  ought  to  address  to  the 
General  Government,  in  order  to  insure  the  maintenance  of  rights 
that  they  seem  disposed  to  forgot,  but  which  they  must  acknowl- 
edge as  sacred,  if  it  be  admitted  that  they  have  not  tho  privilege 
of  violating  treaties."  If,  according  to  the  uniform  statements,  as 
we  have  seen,  of  all  the  Governors  of  Louisiana,  the  United 
States  had  fallen  into  the  chronic  habit  of  "  forgetting  the  rights" 
which  had  been  secured  to  her  by  treaties,  she  might  well,  wc 
thuxk,  have  been  forgiven  if  she  had  not  thought  their  Govern- 
ment as  "perfect"  as  it  was  held  by  the  "other  nations  of  the 
earth." 

1833.  On  the  9th  of  December,  when  the  Legislature  met,  the 
State  was  just  recovering  from  the  terrors  of  the  ravages  produced 
during  the  preceding  autumn  by  the  yellow  fever  and  the  cholera. 
The  Governor,  however,  informed  them  that  now  "health  pre- 
vailed throughout  the  whole  of  the  State,  and  that  the  resources 
which  her  geographical  position  and  the  inexhaustible  fertility  of 
her  soil  afforded  were  so  great,  that,  after  all  those  calamities,  her 
situation  was  at  present  very  prosperous."  He  estimated  the  ex- 
ports of  New  Orleans  at  $36,700,000,  twenty  millions  of  which 
were  the  produce  of  Louisiana.  He  saw  no  reason  why  there 
should  not  be  a  rapid  progression  of  her  resources ;  the  policy  of 
h<2  emancipation  of  the  blacks  which  England  had  adopted  in  re- 
lation to  her  colonies,  "  however  disastrous  it  might  be  to  those  in- 
tended to  bo  benefited  by  it,"  could  produce  among  us  no  other 
than  a  favorable  effect  on  that  branch  of  agriculture  which  consist- 
ed in  the  cultivation  of  the  sugarcane.  "  We  are,  fortunately," 
he  said,  "  too  far  removed  from  the  theatre  in  which  those  visiona- 
ry improvements  are  to  be  attempted,  for  the  reaction  which  they 
may  produce  to  be  felt  among  us.  Our  position  and  divers  other 
causes,  too  well  known  to  you  to  be  recapitulated,  put  us  at  least 
beyond  the  reach  of  d&nger.  London  and  Paris  have  more  to  fear 
from  their  populace  than  we  have  to  apprehend  from  our  negroes." 
Time  proved,  however,  in  less  than  twenty  yearsj  that  we  were  not 
beyond  the  "  reach  of  danger,"  and  whatevwis  the  degradation  of 
the  pppulace  of  London  and  Paris,  no  one  believes  that  they  could 
ever  be  tempted  to  take  arms  against  their  countrymen  by  the 
blandishments  of  any  invader  of  their  native  soil.     We  have 


I'  1 


it 


,5 

'if!/  i 


:■••    * 


If 
if 


ii 


666 


GOVERNOR   E.   D.    WHITE. 


[1835. 


been  taught  the  use  which  an  unprincipled  enemy  can  make  of  our 
negroes. 

1836.  The  administration  of  Governor  Roman,  during  which 
many  internal  improvements  of  all  sorts  had  been  completed  or 
begun,  closed  on  the  2d  of  February,  1886.  He  was  succeeded  by 
E.  D.  White,  who  had  been  for  several  years  a  member  of  Congress. 
The  new  Governor,  in  his  short  inaugural  address,  complained  of 
the  *'  vacillating  legislation"  of  Congress  in  relation  to  one  of  the 
principal  agricultural  interests  of  the  State.  The  duty  on  foreign 
sugars  had  been  lowered  in  conjunction  with  the  reduction  of  the 
whole  tariff  of  the  United  States — a  conciliatory  measure,  which 
had  been  adopted  to  put  an  end  to  the  *'  acrimonious  conflict"  between 
those  who  desired  a  protective  tariff,  and  those  who  thought  that 
a  tariff  for  revenue  was  the  only  one  which  the  Constitution  per- 
mitted. *<The  Union,"  he  said,  "had  been  shaken  to  its  very 
foundations"  by  the  violence  of  the  storm,  and  the  celebrated  Com- 
promise Bill  of  Henry  Clay  had  been  adopted  as  a  sheet-anchor  of 
safety.  Louisiana  would  be  the  sufferer  by  it ;  but  he  trusted  in 
the  inherent  energy  and  industry  of  her  inhabitants,  to  make  them 
"  independent  of  this  precarious  decision  of  Congress."  With  re- 
gard to  our  land  claims,  the  Senats  of  the  United  States  had  lately 
passed  a  bill  by  which  they  were  referred  to  the  ordinary  tribunals 
of  the  country;  but  the  House  of  Representatives  had  not  "conde- 
scended" even  to  look  into  it.  He  had  been  a  witness  to  the  "  indif- 
ference or  levity"  with  which  this  in^ortant  subject,  on  which  de- 
pended the  prosperity  of  the  State,  had  always  been  treated  in 
Congress,  and  he  recommended  to  the  Legislature  the  experiment 
of  trying  if  an  expression  of  their  views  on  this  matter  would  not 
draw  to  it  a  "  more  serious  attention "  from  the  Federal  Legisla- 
tors. 

1836.  On  the  4th  of  January,  the  Gk)vemor  informed  the  Legis- 
lature that,  since  the  invasion  of  Louisiana  by  the  British,  she  had 
not  been  placed  in  circumstances  which  required  so  much  wisdom, 
prudence  and  patriotism  firom  the  Representatives  of  the  people. 
In  the  midst  of  profound  peace  and  uninterrupted  prosperity,  the 
"  most  alarming  excitement "  prevailed  in  the  whole  country,  and 
in  more  than  one  cirenmstanoe,  there  had  been  manifested  "disposi- 
tions fatal  to  the  social  order,  and  tending  to  substitate  tumultuous 
violence  to  the  power  and  majesty  of  the  laws."  The  clash  of 
arms,  produced  in  the  vicinity  of  our  Western  frontier  by  the  col- 
lision which  had  taken  place  between  Texas  and  Mexico,  had  rever- 
berated throughout  Louisiana,  and  thrown  her  into  a  state  of  war- 


'Mm: 


1830.] 


GOVERNOIl    E.    a    WHITE. 


65 


..       • 


like  commotion.  Many  of  her  people  were  disposed  to  rnsh  t<> 
arms  and  mnrch  to  the  assiHtanoe  of  those  whom  thoy  considorc*  I 
as  their  countrymen  in  Texas.  The  Governor  had  been  compelled 
to  issue  a  proclamation  threatening  with  condign  punishment  all 
those  -who  should  violate  those  laws  of  neutrality  which  they  were 
bound  to  observe.  The  Louisianians  had  been  presented,  this  year« 
with  a  more  legitimate  opportunity  of  showing  their  martial  spirit. 
The  United  States  were  then  at  war  with  the  Sominoles  of  Florida, 
and  a  requisition  having,^been  made  on  Louisiana  for  troops,  her 
quota  wat  ftirnished  with  great  alacrity  in  ten  days. 

Governor  White  warned  the  Legislature  against  the  designs  and 
schemes  of  the  pretended  friends  of  the  Blacks  at  the  North  and 
in  the  West,  who  covered  their  wicked  designs  with  the  mask  of 
hypocrisy,  and  whose  efforts  tended  to  plunge  those  they  affected 
to  love,  honor  and  protect,  into  an  abyss  of  misery  and  ruin.  Ho 
predicted  that,  should  they  ever  succeed  in  their  nefarious  purposes, 
they*  would  "  inundate  the  land  with  human  blood,"  and  would  be 
the  criminal  cause  of  the  extermination  of  the  unfortunate  victims  of 
their  deoeitfUl  doctrines."  He  informed  the  Legislature  that  those 
demons,  in  order  to  carry  into  e:|f;,ecution  their  infernal  plans,  had 
formed  affiliated  societies  in  divers  parts  of  the  Union;  thatcon- 
sidek-able  sums  had  been  fVimished  by  private  contributions ;  and 
that  the  press  itself  had  become  their  auxiliary.  They  printed  and 
scattered  "collections  of  horrors  and  atrocities"  which  had  no 
other  reality  than  what  was  given  to  them  by  the  heated  brains  of 
their  inventors.  Every  day,  bookn,  pamphlets  and  all  sorts  of  pub- 
lications, calculated  to  operate  on  both  sexes  from  childhood  to 
senility,  and  fuU  uf  fitntastic  images,  engravings  and  emblems  des- 
tined to  act  on  the  imagination,  were  belched  fbrth  upon  the  pub- 
lic; and  the  mail,  which  had  been  established  for  the  common 
benefit,  had  become  an  agent  of  destruction  and  hostility  to  the 
Southern  States,  and  was  freely  used  for  the  propagation  of  those 
incendiary  compositions.  "  t  congratulate  myself,"  said  the  Gov- 
ernor, "on  my  being  able  to  lay  before  you  a  collection,  although 
very  incomplete,  of  the  edifying  works  to  which  I  have  alluded. 
They  will  suffice,  however,  to  give  you  a  just  Idea  of  the  kind  of 
war  which  is  prepared  in  the  bosom  of  our  own  ootmtry,  against 
our  peace,  our  fortuies,  our  lives  and  those  of  our  children.  Tliese 
productions,  these  engines  of  destruction,  are  openly  sold,  and  dis- 
tributed with  impunity  in  cities  which  are  united  to  us  by  the 
bonds  of  Qommeree,  of  consanguinity  and  nationality."  He  ad- 
vised the  adoption  of  precautionary  measures  and  the  better  organ- 

42 


il! 

•    M 

•'i 


if! 


•    :1     «. 


'm 

t  lit 


i<i- 


i.r  i:  ' 


',i 


i 


(.'I'  »'.■ 


4\ 


M\ 


658 


OOVEUNOR   A.    B.    ROMAN. 


[1837. 


ization  of  our  militia,  who  had  ucvcr  been  In  a  Batiofaotory  condi- 
tion since  the  formation  of  the  State. 

Am  U>  the  public  lands  within  the  State,  he  said  that,  when  the 
had  renounced  all  the  titles  and  rights  which  she  might  have 
had  to  them  in  order  to  be  admitted  into  the  Union — a  renuncia- 
tion whose  validity  nhe  might  well  have  questioned  since— she  had 
thus  stripped  herself,  upder  the  belief  that  the  United  States  and 
Louisiana  could  have  but  one  common  interest  in  the  public  do- 
main, which  would  bo  disposed  of  equitably  by  the  Federal  Gov- 
ernment for  the  benefit  of  all,  and  with  an  eye  to  the  individual 
necessities  of  the  States.  "  But,  the  experience  of  more  than 
twenty  years,"  continues  the  Governor,  "is  very  far  from  having 
confirmed  these  first  impressions.  Congress  has  been  less  liberal 
to  Louisiana  than  to  any  other  section  of  the  country.  Either  by 
accident  or  by  design,  the  policy  pursued  toward  us  has  been  a 
system  of  exclusion.  Immense  oonoessions  of  lands  have  been 
made  to  all  the  new  States,  whilst  Louisiana  has  only  been  able  to 
obtain  the  petty  donation  of  two  townships ;  and,  although  the 
grant  was  made  so  far  back  as  1827,  it  has  been  impossible  to  lo- 
cate the  townships,  on  account'  of  the  captions  difilculties  raised  by 
the  Land  Office. 

1837.  This  year  was  marked  by  an  extraordinary  financial  crisis 
throughout  the  United  States.  All  the  Banks  suspended  specie 
payment,  including  those  of  Louisiana.  The  paper  currency  be- 
came greatly  depreciated;  the  metallic  one  disappeared,  as  is 
always  the  case  in  such  circumstances ;  ruin  and  desolation  seemed 
to  have  overspread  the  land ;  every  kind  of  industry  was  paralysed ; 
produce  of  every  sort  fell  so  low  that  it  hardly  paid  for  the  cost  of 
transportation ;  the  value  of  real  estate  fell  to  nothing ;  credit, 
which  is  the  life  of  commerce,  died  away ;  and  agriculture  languish- 
ed from  the  want  of  stimulation.  One  would  have  supposed  that 
it  would  have  taken  years  to  recover  from  such  a  shock,  and  yet,  on 
the  7th  of  January,  1839,  Governor  White  informed  the  Legislature 
■with  great  satisfiMstion  that  the  Banks  had  returned  specie  payment, 
and  that  the  State  was  beginning  to  emerge  from  her  dUBcnltics. 
It  was  consoling  to  him  to  leav)  her  in  the  enjoyment  of  her  usual 
]^Bperity,  at  the  end  of  his  administration,  which  terminated  on 
the  4th  of  February.  On  that  day,  A.  B.  Roman,  who  had  been 
elected  Governor  a  second  time,  was  inaugurated.  On  being 
sworn,  he  stated  to  the  Legislature  that,  for  Mveral  yean,  a  ten- 
dency to  disorder  and  license  had  made  itself  ftlt  in  society ;  that 
violence  and  brutal  force  had  but  too  often  usurped  the  place  of 


11 


[1837. 
sfactory  condi- 

bhat,  when  she 
10  might  have 
n — a  ronuncift- 
glnce— ihe  had 
ted  States  and 
I  the  public  do- 

0  Federal  Gov- 
the  individual 
of  more  than 

rar  from  having 
teen  less  liberal 
try.    Either  by 

1  us  has  been  a 
lands  have  been 
nly  been  able  to 
id,  although  the 
impossible  to  lo- 
Iculties  raised  by 

iry  financial  orisis 
inspended  specie 
per  currency  bc- 
isappeared,  as  is 
losolation  seemed 
y  was  paralyBcd ; 
id  for  the  cost  of 
nothing;    credit, 
iculture  languish- 
ive  supposed  that 
shoclt,  and  yet,  on 
ed  the  Legislature 
}d  specie  payment, 
m  her  difficulties, 
ment  of  her  usual 
ioh  terminated  on 
»n,  who  had  been 
irated.    On  being 
reral  yeaw,  a  ten- 
t  in  society ;  that 
irped  the  place  of 


1840.] 


GOVERNOR    A.    B.    ROMAN. 


659 


the  law  from  one  extremity  of  the  Union  to  the  other ;  and  that 
ho  relied  on  their  cooperation  to  check  in  Louisiana  any  trans- 
gressions of  a  similar  nature.  "The  invasion  of  her  territory,'' 
he  said,  "  by  a  troop  of  armed  men,  who,  under  the  orders  of  an 
officer  of  the  Republic  of  Texas,  marched  as  far  as  the  town  of 
Shreveport,  in  the  Parish  of  Caddo,  is  too  extraordinary  an  event 
not  to  be  noticed  by  the  authorities  of  this  State.'*  He  assured 
the  Legislature  that  he  would  call  on  the  Federal  Government  to 
prevent  the  repetition  of  "such  an  outrage. 

With  regard  to  the  increasing  agitation  of  the  question  of  sla- 
very, he  cousidercd  that  the  incendiily  doctrines  on  which  it  was 
based  had  come  to  America  from  the  other  side  of  the  Atlantic, 
and  wore  propagated  among  us  by  a  foreign  influence,  with  a  view 
to  bring  about  a  dissolution  of  the  Union.  "  It  becomes  us,"  he 
said,  "  to  act  on  this  subject  with  much  reserve  and  prudence,  and 
always  to  show  i  spirit  of  conciliation;  but  our  moderation  must 
not  be  taken  as  a  proof  of  apprehension  or  weakness.  I  do  not 
fear*  to  bo  disavowed  by  my  fellow-citizens  when  I  declare  in 
their  name,  that  they  shall  always  be  found  ready  to  maintain 
their  rights  by  peacefhl  means,  if  those  meah::^  are  sufficient,  but 
also  by  force,  if  force  should  become  necessary."  Thus  wore  be- 
ginning to  be  hoard  the  distant  mutterings  of  the  coming  storm. 

1840.  The  resumption  of  specie  payment  by  our  Banks  in  1838 
did  not  last  long,  and  those  institutions  again  forfeited  their  char- 
ters— a  penalty  from  which  they  had  been  released  by  the  Legisla- 
ture. In  consequence  of  this  suspension,  unpreeedentod  distress 
and  ombarraument  pervaded  every  class  of  society.  The  Governor, 
in  a  message  delivered  on  the  7th  of  January,  1840,^attribnted  this 
general  crisis  to  the  destruction  of  the  Bank  of  the  United  States. 
"  The  State  Banks,"  he  said,  '*  from  that  time,  no  more  restrained, 
and  freed  from  the  control  that  prevented  their  increase  when  want- 
ing the  basis  of  solid  capital,  began  to  multiply  in  every  part  of  the 
Union.  They  extended  their  discounts  beyond  measure,  and  have 
since  inundated  the  Union  with  an  unprotected  paper  currency. 
Extravagant  speculations  were  the  necessary  resnlt  of  this  new  or- 
der of  tldngs;  all  classes  of  society  wore  hurried  along;  no  proj- 
ect was  too  vast  or  too  chimerical  not  to  be  attempted  by  individ- 
uals, corporations,  and  even  legislatures.  The  fiMility  with  which 
new  loans  were  negotiated  stimulated  the  spirit  of  commercial  en- 
terprise, and  caused  a  startling  difference  between  exportation^ 

*  This  passage  is  re-tianalated  into  English  from  a  French  translation,  the 
original  Englii^  text  not  being  at  hand. 


I 

Ml' 

f! 

III  i.' 


it 


IP 


> 


i; 


Ml 

'V: 


ft 


if!  ■  I 


(I 

Id 


if. 


1     r"|    r 


I         •   '•. 


660 


GOVEENOE   A.   B.    EOMAN. 


[1841. 


.-■''■' 


•■>tfc 


and  importations — a  diflference  which,  in  the  two  years  of  1835 
and  1836,  amounted  to  eighty-nine  millions  five  hundred  and  nine- 
teen thousand  one  hundred  and  sixty  dollars.  This  immense  debt, 
due  to  foreign  countries,  occasioned  a  constant  demand  for  the 
precious  metals  piled  in  the  vaults  of  our  Banks.  England,  whose 
interests  were  the  most  connected  with  our  own,  and  who,  until 
then,  had  been  lavish  of  her  loans  to  different  States  of  the  tJnion, 
or  for  individual  commerce,  found  it  njBcessary,  for  her  own  safety, 
to  oppose  the  further  extension  of  American  credit ;  and  the  Bank 
of  England,  in  order  to  acoplerate  the  importation  of  gold  and  sil- 
ver, proscribed  the  paper  of  the  strongest  American  houses.  Tliis 
hostility  between  the  Bankers  of  the  two  most  commercial  nations 
of  the  world  was  followed  by  disasters  to  both.  The  first  suspen- 
sion of  our  Banks  was  one  of  the  results." 

1841.  In  January,  when  the  Legislature  met,  the  Banks  of 
New  Orleans  hid  not  yet  resumed  specie  payment,  but  their  situa- 
tion was  considered  as  so  satiBfact9ry,  their  solvency  so  well  estab- 
lished, that  their  notes  were  hardly  at  a  discount  of  two  per  cent., 
and  were  in  demand  throughout  the  West,  whilst  they  formed  very 
nearly  the  only  circulation  of  a  neighboring  State.*  In  connection 
with  these  institutions,  it  is  curious  to  observe  the  rapid  increase  of 
the  debts  due  to  them  by  the  State.  At  the  beginning  of  the  yeai- 
1830  the  State  owed  to  the  Banks  $75,000;  at  the  beginning  of 
1841  the  debt  amounted  to  $850,000 ;  and  it  was  generally  believed 
at  the  tiine,  oil  the  authority  of  persons  who  had  made  the  calcula- 
tion, that  the  members  of  the  Legislature,  in  their  private  capaci- 
ty, owed  toithose  institutions  about  one  million  of  dollars.  This 
simple  statement  suffices  to  show  the  danger  of  increasing  too 
much  the  facilities  of  borrowing. 

The  incessant  complaints  of  Louisiana,  and  the  demonstrations  of 
the  iiyustice  with  which  she  had  always  been  treated,  had  at  last 
wrested  from  Congress  the  grant  of  784,320  acres  for  tlie  support 
of  her  primary  schools,  but  of  that  amount  187,584  acres  were  to 
be  dednpted,  as  being  of  no  value,  or  not  available.*  **  Louisiana," 
observes  the  Governor,  "  seems  destined  to  derive  lesA  advantages 
from  the  bounties  of  Congress  toward  public  schools  than  any 
other  of  the  new  States." 

1843.  At  the  beginning  of  this  year,  the  Banks  of  New  Orleans 
became  divided  as  to  the  propriety  of  resuming  specie  payments, 
and  some  of  them  acknowledged  that  they  were  not  in  a  situation 


*  Governor  Boman's  MesBage,  4th  January,  1841. 


1842.] 


GOVERNOR   A.   B.    ROMAN. 


661 


[1841. 

are  of*  1835 
d  and  nine- 
mense  debt, 
land  for  the 
land,  whose 
I  who,  until 
F  the  Union, 
own  safety, 
id  the  Bank 
^old  and  sil- 
ouses.    Tliis 
jrcial  nations 
first  suspen- 

»e  Banks  of 
it  their  situa- 
30  well  estab- 
wo  per  cent., 
r  formed  very 
In  connection 
id  increase  of 
g  of  the  year 
beginning  of 
rally  believed 
le  the  calcula- 
rirate  capaici- 
ioflars.    This 
increasing  too 

onstrations  of 
I,  had  at  last 
)r  tlie  support 
acres  were  to 
«*  Louisiana," 
BR  advantages 
ols  than  any 

'  New  Orleans 

cie  payments, 

in  a  situation 

1. 


to  resume  without  assistance.  Two  of  them  were  paying  specie ; 
the  others  wished  to  continue  the  suspension  until  November  of 
that  year.  Shortly  after  the  meeting  of  the  Legislature  in  Janu- 
ary, the  first  signal  for  the  depreciation  of  the  paper  money  of  the 
Banks  was  given  by  the  refusal  of  some  of  these  institutions  to  re- 
ceive, either  in  payment  or  deposit,  the  notes  of  those  whose  sol- 
vency was  suspected.*  Besides,  the  Legislature  having  passed  a 
law  for  the  liquidation  of  such  Banks  as  might  be  insolvent,  and 
created  a  "Board  of  Currency"  to  control  the  operations  of  all  those 
institutions,  and  to  examine  and  publish  their  real  situation,  the 
failure  of  all  those  whose  credit  had  no  other  foundation  than  the 
confidence  inspired  by  the  fact  that  their  paper  was  received  at 
par  by  other  Banks  of  undoubted  solvency,  became  inevitable  when 
that  paper  was  rejected.  There  was  a  crash;  Bank  after  Bank 
went  down,  like  trees  under  the  strokes  of  a  sturdy  woodman ;  the 
financial  crisis  which  had  given  signs  of  abating  returned  with 
more  violence,  and  the  distress  became  universal, "  in  the  midst  of 
unusually  large  returns  which  a  bountiful  Providence  had  that 
year  bestowed  upon  the  labors  of  the  husbandman."*  Fortunately, 
the  immense  resources  of  our  agriculture,  and  the  incalculable  ad*^  ■ 
vantages  of  the  commercial  position  of  New  Orleans,  enabled  us 
soon  to  overcome  the  numberless  difficulties  and  obstacles  with 
which  we  had  to  struggle.  Seven  of  the  Banks  were  prostrated,^ 
never  to  rise  any  more ;  but  nine  weathered  the  storm,  and  in  the 
beginning  of  1843  were  paying  specie.  The  actual  circulation  of 
the  solvent  Banks  had  been  reduced  to  $1,261,514,  whilst  they  had 
in  their  vaults  $4,565,925.  Notwithstanding  this  accumulation  of 
strength,  which  would,  in  ordinary  times,  have  permitted  them  to 
afford  every  facility  to  business,  the  want  of  confide^jb  and  credit 
was  such,  that  they  wore  compelled  to  be  very  restricted  in  their 
operations,  and  could  not  work  in  a  manner  beneficial  to  the  pub- 
lic and  profitable  to  themselves.  Such  was  the  pressure  through- 
out the  whole  community  from  the  absence  of  a  sufficiency  of  •■ 
sound  currency  to  meet  the  general  wants,  that  even  the  taxes 
could  hardly  be  collected,  and  the  revenite  of  the  State  had  dimin- 
ished to  the  amount  of  near  two  hundred  thousand  dollars  in  the 
year  1842.  Unfortunately,  at  that  time,  her  finances  were  not  in 
a  proper  condition,  as  her  expenses  had  long  since  exceeded  her 
receipts.  In  a  late  message  the  Governor  had  said  to  the  Legisla- 
ture :  "  Our  debts  are  annually  met  by  new  loans,  the  interest  on 


*  Governor  Koman's  Message,  Janiuury  8d,  1843. 


r 


it':  I 


$1 

i^'   I 

Hi'    * 

tt  ^ 

\\ 

i 

ir 


.^auii 


3 


t{ 


.1' 


r  i 


662 


GOVERNOR   A.    B.    ROMATT. 


[1842. 


which,  added  to  the  capital,  and  the  appropriations  of  each  session 
of  the  Legislature,  present  every  year  a  heavier  deficit."  In  these 
untoward  circumstances,  the  State  found  herself  exposed  to  be 
called  upon  to  pay  for  bonds  to  a  very  large  aniount,  which  she 
had  given  for  some  of  these  Banks,  in  order  to  supply  them  with  a 
capital  which  could  only  be  procured  from  Europe.  The  difficulty 
to  collect  in  time  the  fUnds  which  these  institutions  had  bo  impru- 
dently loaned  as  to  place  them  beyond  their  immediate  control, 
would,  in  the  course  of  the  year  1843,  render  it  impossible  for 
them  to  fulfill  punctually  their  obligations  to  the  holders  of  the 
bonds.  It  remained  for  the  State  to  provide  for  this  contingency, 
and  save  herself  from  the  disgrace  of  a  protest.  On  this  subject 
Governor  Roman  addressed  the  Legislature  in  these  terms :  "  Lou- 
isiana will  not  shrink  from  the  call  that  will  be  made  on  her  to 
keep  the  &ith  which  she  has  pledged.  Tou  know  she  would  dis- 
claim those  who  represent  her  if  they  could  think  of  not  fulfilling 
the  promises  she  has  made,  and  I  feel  that  I  express  her  opinions 
and  yours  in  stating  that  the  purity  of  her  honor  must  be  main- 
tained, and  that  she  will  never  furnish  the  enemies  of  popular  gov- 
ernments with  a  new  cause  to  charge  them  with  dishonesty.  Your 
prededeasors  and  mine  concurred  in  this  belief,  for  they  have  ren- 
dered the  system  of  repudiatioiT  as  impossible  among  us  as  it  is 
unjust,  the  negotiation  of  the  State  bonds  having  been  directly  , 
or  indirectly  sanctioned  by  every  succeeding  Legislature  since 
theii'  emission."  These  were  the  proper  sentiments  to  be  ex- 
pressed on  such  an  occasion,  and  may  Louisiana  never  entertain 
any  other  in  similar  circumstances !  The  Legislature  responded 
to  the  appeaSjpf  the  Governor,  and  the  credit  of  the  State  was 
saved.  The  Governor  concluded  his  last  message  in  these  words : 
"  I  leave  the  office  with  which  I  have  been  honored,  with  the  pain- 
ful conviction  of  having  done  very  little  for  the  good  of  the  State, 
and  of  having  often  failed  in  preventing  what  was  injurious.  It 
affi^rds  me  some  relief,  however,  to  be  able  to  say,  that  I  have  re- 
fused my  signature  to  various  bills  whiph,  but  for  my  disapproval, 
would  have  added  to  the  debts  of  the  State  the  sum  of  $7,185,000,  . 
and  that  the  act  which  binds  us  to  pay,  without  any  consideration, 
$500,000  for  the  Clinton  and  Port  Hudson  Railroad,  does  not  bear  : 
my  name.  My  true  consolation  is  in  the  certainty  that  distress, 
m  a  country  ^so  endowed  with  every  element  of  prosperity  and 
wealth,  cannot  be  durable.  The  greatness  of  our  resources  has, 
for  some  years  past,  tended  to  lead  us  astray.  We  thought  them 
without  limit,  and  abandoned  ourselves  to  undertakings  and  spec- 


1843.] 


GOVEENOE  ALEXANDER  MOUTON. 


663 


ulations  far  beyond  our  real  strength.  The  errors  of  the  past  will 
not  be  without  their  benefit,  if  they  serve  as  beacons  to  warn  us 
from  similar  mistakes  in  future.  The  country  hai|  not  changed ; 
the  wide  career  offered  to  our  agricultural  and  commercial  indus- 
try is  not  closed ;  no  convulsions  of  nature  have  destroyed  the  fer- 
tility of  our  soil,  or  turned  away  from  our  capital  the  stream  of 
the  Mississippi  We  are  now  aware  of  our  real  situation ;  we  en- 
joy the  advantages  of  self-government,  and  our  destinies  are  in 
our  own  hands.  Louisiana  might  yet  be  properons  and  happy,  if 
the  means  which  we  still  retain  are  administered  with  that  pru- 
dence and  economy  which  should  have  been  always  observed." 
He  was  succeeded  by  Alexander  Mouton,  who  began  his  adminis- 
tration on  the  30th  of  January,  1843.  The  new  Governor  had  been 
known  before  as  Speaker  of  the  House  of  Representatives  of  the 
State,  and  as  a  member  for  several  years  of  the  United  States  Sen- 
ate. He  was,  like  his  predecessor,  a  native  of  the  State,  and,  like 
him,  a  man  of  much  good  sense  and  firmness,  although  they  dif- 
fered in  their  political  creed,  Koman  being  a  Whig,  and  Mouton 
a  Democrat. 

1843.  On  assuming  the  reins  of  government,  Oovcrnor  Mouton 
told  the  Legislature  "  that  we  could  justly  attribute  the  evils  we 
suffered  to  no  other  cause  than  ourselves.  Louisiana,  under  a  good 
Government,  and  poised  on  her  own  resources,  would  leave  nothing 
to  be  wished  for  by  her  sons.  It  was  but  too  common  to  look  abroad 
for  causes  which  were  to  be  found  immediately  among  ourselves. 
It  was  too  customary  to  look  to  the  General  Government  for  relief 
in  distress,  whilst  that  relief  should  have  been  sought  at  home. 
By  the  manly  exercise  of  our  own  %}ulties,  availingf  ourselves  of 
our  natural  advantages,  and  calling  to  our  aid  the  sovereign  power 
of  the  State,  we  could  overcome  all  our  diflSculties."  During  his 
long  residence  at  Washington,  as  a  Senator,  the  Governor  seems 
to  have  become  well  acquainted  with  the  spirit  of  the  Federal 
Government,  and  to  have  mistrusted  its  tendencies.  He  knew  that 
it  was  a  friend  to  whom  it  was  dangerous  to  appeal,  and  whose 
services  might  be  too  dearly  bought.  "  It  is  our  duty,"  he  said, 
"to  watch  closely  the  action  of  the  General  Gk>vemment,  so  far  as 
it  can  affect,  for  good  or  for  evil,  the  great  interests  for  which  its 
powers  were  delegated ;  and  we  should  never  suffer  those  powers 
to  be  enlarged  by  construction,  so  as  to  interfere  with  the  powers 
vested  in  the  States  of  the  Union." 

In  relation  to  the  public  lands,  he  described  in  a  perspicuous 
manner  the  extraordinary  injustice  with  which  Louisiana  had  al- 


(I  > 


.{it 


iiii  I 


ifi; 


I 


if?? 

mi 


m 


664 


GOVERNOR  ALEXANDER  MOUTON. 


[1843. 


ways  been  treated :  "  Near  forty  years  had  now  elapsed  since  the 
district  of  countrv  composing  the  State  of  Louisiana  became  a  part 
of  the  United  States,  and  more  than  thirty  yeans  since  she  was 
admitted  into  the  Union  as  a  sovereign  State ;  and  yet  large  por- 
tions of  her  territory  are  covbrcfd  with  nnadjusted  claims  of  land, 
derived  from  the  former  Government  of  the  country ;  and  a  much 
loss  portion  of  the  public  domain  has  been  disposed  of  within  her 
bounds  than  in  other  parts  of  the  Union,  possessing,  to  say  the 
least  of  it,  no  greater  advantages.  Louisiana  was  the  first  State, 
formed  from  territory  derived  from  foreign  countries,  admitted  into 
the  Union,  and  there  are  several  Territories  not  yet  admitted.  For 
every  other  State  or  Territory  thus  situated,  provision  has  long 
since  been  made  by  Congress  for  the  adjustment  of  all  disputed 
land  claims  in  the  Federal  Courts,  and  they  hftve  long  since  been 
decided ;  while  for  our  State  no  such  provision  has  yet  been  made, 
thouffh  a  bill  for  that  purpose  has  frequently  passed  that  branch  of  Con- 
(jress  in  which  the  representation  of  all  the  States  is  equaV*  This 
simple  statement  alone  proves  more  clearly  than  a  volume  of  argu- 
ments could,  the  state  of  systematic  oppression  in  which  Louisiana 
had  always  been  held  by  an  envious,  prejudiced,  and  fanatical 
majority.  "  At  this  time,"  continued  the  Governor, "  large  dis- 
tricts of  country  in  other  States  and  Territories  are  oflbred  for  • 
sale,  while  none  has  been  offered  in  Louisiana,  at  public  sale,  for 
years.  The  State  has  not  even  yet  been  authorized  to  make  any 
disposition  of  the  school  lands  in  each  township.  These  are  ob- 
jects of  just  complaint." 

Governor  Mouton  found  the  finances  of  the  State  in  a  fearful 
condition.  "  Ileam,"  he  said,***  with  deep  mortification  and  regret, 
from  the  Treasurer's  reports  and  otherwise,  that  there  is  now  due 
by  the  State  to  our  Banks,  in  round  nuihbers,  one  million  two  hun- 
dred thousand  dollars ;  that  there  is  due  for  salaries,  interest  and 
other  ordinary  expenses,  about  two  hundred  tfaotisand  dollars; 
that  there  are  State  bonds,  for  the  payment  of  which  the  State  has 
no  guarantee,  ;to  the  amount  of  one  millioh  two  hundred  and 
seventy-three  thousand  dollars,  on  which  the  interest  is  unpaid ; 
that  thisre  are  State  bonds  to  a  large  amount,  for  which  the  State  has 
the  guarantee  of  the  stockholders  of  the  Citizens' Bank^  add  of  the 
consolidated  Association  of  Planters,  now  in  liqtddatlon,  on  which 
the  interest  will  probably  not  be  paid ;  that  the  ordinary  expenses 
of  the  Government  exceed,  and  have  for  several  years  exceeded  its 
ordinary  income  by  more  than  two  hundred  thousand  dollars ;  that 
there  is  nothing  in  our  exhausted  treasury ;  that  the  State  can  no 


1844.] 


GOVERNOR   ALEXANDER   MOUTON. 


G60 


longer  draw  a  dollar  from  her  own  Bankn,  and  that  the  people 
are  taxed  as  heavily  as  they  can  bear.  This  is  indeed  a  deplorable 
situation  of  our  affairs.  Having  within  our  limits  the  greatest 
commercial  metropolis  in  the  Union,  a  luxuriant  climate,  and  the 
richest  and  most  inexhaustible  S(h1  in  the  world,  we  are  forced  to 
ask  what  has  produced  this  disastrous  result."  The  Governor  an- 
swered the  question  by  attributing  our  misfortunes  to  the  inordi- 
nate inflation  of  our  paper  currency  and  to  the  mushroom  multipli- 
city of  our  Banks,  which  had  tempted  our  whole  population  and 
the  State  itself  into  such  extravagance,  that  the  State  was  almost 
bankrupt,  and  that  there  were  few  of  our  citizens  who  were  not 
heavily  in  debt  to  those  institutions.  "The  evils  under  which 
we  suffer,"  he  said,  "are  to  be  ascribed  to  the  ascendency,  the  su- 
premacy this  interest  attained  in  our  State*  Had  Banks  been  held 
to  the  responsibilities  of  individuals ;  had  they  at  all  times  been 
kept  in  a  sphere  subordinate  to  the  Government  itself;  had  the 
supremacy  of  the  laws  been  asserted  and  maintained,  things  would 
not  have  come  to  the  present  stage  of  discredit  and  disaster. 
What  citizen  who  feels  for  the  honor  of  his  State  would  wish  to 
see  the  late  condition  of  things  renewed  ?  Our  policy,  our  duty, 
then,  is  obvious.  We  must  prevent,  by  all  possible  means,  all 
tendency  in  our  legislation  to  a  revival  of  the  Banking  system  as 
heretofore  organized." 

1 844.  So  recuperative  is  Louisiana  in  her  energies  and  resources, 
that,  on  the  1st  day  of  January,  1844,  the  sad  condition  of  which 
Ave  have  seen  the  description  had  much  improved,  notwithstandins; 
she  had  been  afflicted,  in  an  unusual  degree,  with  the  diseases  inci- 
dent to  the  climate  and  to  Itcalciroumstaiices,  and  notwithstanding 
the  rich  productions  of  l|pr  prolific  soil  had  been  curtailed  by  an 
nnpropitious  season.  "  We  have,"  said  the  Governor  to  the  Legis- 
lature, **  evidently  passed  the  deplorable  crisis  of  immorality  and 
distress,  in  which  idleness,  extravagance  and  reckless  speculation, 
engendered  by  improvident  legislation,  the  credit  system  and  pa- 
per money  had  involved  the  whole  country.  Industry  now  ani- 
mates all  classes  of  society,  and  economy  surrounds  every  fireside. 
But  lately  the  pervading  spirit  of  our  citieens  was  to  transcend 
each  other  in  Inxni^^  and  splendid  extravagance ;  now  their  patri- 
otic emulation  is  to  surpass  each  other  in  useful  productions,  and 
thereby  to  secure  the  comfort  and  independence  of  families,  and 
add  to  the  wealth  and  prosperity  of  the  State.  The  planter,  me- 
chanic, and  professional  man  has  each  returned  to  his  peculiar  oc- 
cupation and  proper  pursuits  ^  and  none  are  now  seduced  by  the 


1:; 

!     ■ 

it  I 

I.; 


Iti 


iif 


v'!' 


$i 


l!  ^ 


666 


GOVERNOR   ALEXANDER   MOUTON^. 


[1846. 


bright,  but  fallacious,  prospects  of  fortune  without  labor.  Our 
Bankn,  by  their  intolerable  abuses,  had  brought  the  State,  our 
public  corporations  and  individuals,  to  the  brink  of  moral  degrada- 
tion and  pecuniary  bankruptcy ;  but  an  entire  revolution  in  public 
opinion  and  the  passage  of  salutary  laws  have  effectually  restrain- 
ed them  within  their  proper  sphere ;  and,  while  these  opinions  and 
laws  are  maintained,  they  will  no  longer  have  power  to  ruin  them- 
selves by  mining  the  community ;  they  will  cease  to-  mingle  in 
political  strife,  and  be,  as  they  should  always  have  been,  harmless 
handmaids  to  commerce." 

1845.  In  January,  a  great  excitement  was  produced  in  New 
Orleans  by  the  arrival  of  an  individual  from  Massachusetts,  named 
Hubbard.  It  seems  that  Massachusetts  had  heard  that  some  of 
lier  citizens  of  African  descent  were  put  in  jail  in  New  Orleans  for 
visiting  that  city  in  contravention  of  laws  which  prohibited  all 
persons  of  that  class  from  coming  to  the  State.  That  Common- 
wealth, always  so  intensely  hostile  to  the  Southern  States,  bad  au- 
thorized her  Governor  to  employ  an  agent  in  New  Orleans,  for  a 
term  of  time  not  to  exceed  one  year,  for  the  purpose  of  collecting 
and  transmitting  accurate  information  respecting  the  number  and 
the  names  of  citizens  of  Massachusetts  who  had  heretofore  been,  or 
might  be,  during  the  period  of  the  agent's  engagement,  imprisoned 
without  the  allegation  of  any  crime.  The  same  agent  was  also  to 
bring  and  prosecute,  with  the  aid  of  counsel,  one  or  more  suits  in 
behalf  of  any  citizen  that  might  be  so  imprisoned,  at  the  expense 
of  Massachusetts,  for  the  pur{)ose  of  having  the  legality  of  such 
imprisonment  tried  and  determined  upon  in  the  Supreme  Court  of 
the  United  States.  Hubbard  had  beewtkhe  agent  selected.  He 
soon  found  out,  however,  that  he  would  n||^  be  permitted  to  do  all 
the  mischief  that  was  intended ;  and,  shortly  after  his  arrival,  he 
wrote  to  the  Governor  that,  not  from  intimidation,  but  from  the 
conviction  that  his  mission  would  be  fruitless,  he  was  ready  to  de- 
part and  to  return  his  commission  to  the  source  from  which  it  had 
originated.  It  is  gratifying  to  record  hJs  admission  that  he  "  did 
easily  see  the  high  moral  influence  which  must  pervade  and  pi'evail 
in  the  City  of  New  Orleans;  in  the  courteous,  bland  and  humane 
manner  in  which  her  citizens  of  the  first  respectability  conveyod  to 
him  their  sentiments  respecting  his  -agency  and  the  excitement  it 
occasioned.**    These  are  his  very  words. 

Texas  had  for  some  time  achieved  her  independence  from  Mex- 
ico, and  become  a  Republic  acknowledged  by  France,  Great  Britain 
and  the  United  States.    She  was  called  the  "  Lone  Star."    It  was 


[1846. 

Our 
ie,  our 
igrada- 
publio 
igtrain- 
»n8  and 
1  them- 
agle  in 
armltiBS 

n  New 

,  named 

some  of 

eans  for 

)ited  all 

lommon- 

,  had  au- 

ins,  for  a 

ollecting 

(iber  and 

>  been,  or 

iprisoned 

IS  also  to 

e  suits  in 

expense 

of  such 

Court  of 

fted.    He 
to  do  all 

[rrival,  ho 
from  the 
Ay  to  de- 
Lch  it  had 
he  "  did 
id  prevail 
humane 
iveyod  to 
itement  it 

jm  Mex- 
3it  Britain 

I"    It  was 


1846.] 


OOYEBNOB  ALEXANDER  MOUTON. 


667 


:"  S. 


extremely  desirable  for  Louisiana  that  she  should  be  admitted  as 
soon  as  possible  into  the  firmament  of  the  United  State^.  She  had 
applied  for  it  and  Governor  Mouton,  considering  thi  great  interest 
which  this  subject  had  excited  throughout  the  State,  and  the  im- 
portant bearvg  that  it  must  have  upon  her  fhture  prosperity,  had 
suggested,  in  his  annual  message  on  the  0th  of  January,  1846,  the 
propriety  of  sn oh  action  on  the  part  of  the  Legislature  as  would  bo 
expressive  of  the  wishes  4nd  feelings  of  the  people  of  the  State 
concerning  this  measure.  This  part  of  the  Governor's  message  was 
referred  to  a  special  committee,  the  majority  of  which  reported  ai*  - 
versely.  We  made  a  minority  report  in  favor  of  expressing  by  the 
Legislature  the  desire  of  the  people  for  the  immediate  annexation 
of  Texas  by  all  lawful  and  constitutional  means.  But  this  measure, 
in  support  of  which  it  would  have  been  natural  to  expect  a  unan- 
imous vote,  was  only  carried  through  after  much  discussion  and 
considerable  opposition,  and  with  a  proviso  tacked  to  it,  which  was 
not  free  from  objections. 

The  Slate  had  been  a  large  stockholder  in  several  of  the  Banks, 
and  as  enoh  used  to  appoint  a  certain  number  of  directors  in  those 
instit'ations.  It  was  found  that  this  connection  between  the  State  and 
'he  Banks  worked  injuriously  to  all  the  parties  concerned,  and  it 
'vas  deemed  expedient  to  put  an  end  ^o  this  unwise  and  unnatural 
partnership.  An  act  had  passed  to  that  effect  in  the  session  of 
1 844,  but  it  had  not  been  accepted  by  the  Banks,  which  had  object- 
ed to  some  of  its  provisions.  The  Governor,  at  the  session  of  1845, 
recommended  that  the  subject  should  be  resumed,  and  that  amend- 
ments should  be  made  which  might  be  acceptable  to  those  institu- 
tions. We  moved  in  the  House  of  Representatives  that  this  pait 
of  the  Governor's  message  be  referred  to  a  special  committee,  and, 
as  chairman,  we  feported  aA>ill  which  passed,  after  having  under- 
gone some  modifications,  and  to  which  the  Banks  gave  their  adhe- 
sion. The  result  was  the  discharge  of  more  than  three  millions  of 
the  debts  proper  of  the  State,  leaving  only  a  balance  of  $1,600,000, 
maturing  between  1845  and  1872,  which,  by  an  annual  surplus  rev- 
enue, she  could  discharge  gradually,  or  which  could  be  mostly  ab- 
sorbed by  the  sale  of  such  portion  of  the  public  domain  as  she  had 
at  last,  after  years  of  repeated  cfbrts,  wrested  from  the  avaricious 
grasp  of  the  Federal  Government. 

Durinpr  the  same  session,  we  introduced  "  Resolutions,  ^  which 
wcire  a  .opted,  requesting  our  Senators  and  Representatives  in 
Congress  to  lay  before  that  body  and  the  President  of  the  United 
States  the  remonstrances  of  the  State  in  relation  to  the  want  of 


■a 


iSi 


i 


6(38 


OOVERNOIl   ALEXANDER   MOUTON. 


[18 15. 


Mail  facilities  throughout  tho  State,  aud  to  use  their  utmcst 
efforts  to  obtain  the  redress  of  the  grievances  which  she  suffered 
in  this  respect  To  show  .iu  the  most  glaring  manner  the  injustice 
with  which  Louisiana  was  treated,  we  stated  in  the  preamble  of 
those  "Resolutions"  that,  during  the  year  ending  June  30,  1843, 
Louisiana  had  paid  to  the  Post-Office  Department  $104,261,  whilst 
only  $37,976  had  been  expended  in  the  State  for  3Iail  transportar* 
tion,  when  $218,056  were  spei^t  in  Alabami^  whot^  net  postage  was 
only  $80,441 ;  and  $05,530  were  spent  in  Mississippi,  whose  net 
postage  was  only  $49,734 ;  and  $58,825  were  spent  in  Arkansas, 
whoso  net  postage  was  only  $12,810 — the  same  favors  being  ex-, 
tended  in  the  same  ratio  to  sixteen  other  States. 

On  the  14th  day  of  May,  1845,  there  wp.8  adopted  a  new  Consti- 
tution for  the  State,  which  had  been  fraiued  by  a  Convention  as- 
sembled on  the  5th  of  August,  1844.  The  Convention  had  first 
met  at  Jackson,  in  the  Parish  of  East  Feliciana,  but  had  subse- 
quently adjourned  to  New  Orleans.  The  collective  wisdom  and 
talent  of  the  State  had  certainly  deliberated  long  enough  to  have 
produced  something  durable  and  satisfactory  to  the  people.  We 
shall,  see,  however,  that  but  a  few  years  had  elapsed,  when  another 
Convention  bad  to  be  convened  to  riinend  the  one  which  had  been 
so  elaborately  discussed  and  framedr  This  Constitution  of  1845 
was  much  more  democratic  than  that  oi  1812.  It  proclaimed 
the  right  of  general  suffrage,  by  granting  the  privilege  to  vote 
to  every  &ee  white  male  who  had  been  two  years  a  citizen 
of  the  United  States,  who  had  attained  the  age  of  twenty-one 
years,  and  who  had  resided  in  the  State  two  consecutive  years  next 
pi-eceding  the.  election  in  which  he  desired  to  participate ;  it  limit- 
ed to  a  short  term  the  tenure  of  judicial  offices,  which,  hitherto,  had 
been  during  good  behavior.  A  peouU§r  oath  about  not  having 
been  engaged  iu  a  duel,  directly  or  indirectly,  since  the  adoption 
of  the  Constitution,  was  exacted  from  all  the  members  of  the  Gen- 
eral Assembly  and  ffom  all  State  officers,  before  they  could  enter 
upon  the  duties  of  theif  offices.  A  specif  provision  was  inserted 
in  the  Constitutioii  to  remove  the  Seat  of  Government  from  New 
Orleans  and  it»  vicinity.. .  fThe  aggregate  amount  of  debts  hereafter 
to  be  contracted  by  the  Legi#latu^  was  uever  to  exceed  one  hun- 
dred thousand  dollars,  except  in  particular  cases,  distinctly  specified. 
The  State  was  prohibited,  fs^oija,  ever  becoming  subscriber  to  the 
stock  of  any  corporation  or  joint-stock,company,  and  no  corporate 
body  should  he  hereafter  created,  renewed,  or  extended,  with  bank- 
ing or  discounting  priy ileges.    These  last  restrictions  show  that  the. 


"1846.1 


OOVEBNOR   ALfeXANDEK   MOUTON. 


CC9 


Conveution,  warned  by  the  bitter  experience  of  the  past,  intended 
q  to  guard  against  the  return  of  those  evils  fVom  the  conseqnenccs  of 
^  which  the  State  had  not  yet  liberated  itself  completely.  No  oorpo- 
ratious,  hereafter  to  be  created,  should  ever  endure  for  a  longer  term 
than  twenty-five  years,  except  those  which  were  political  or  muni- 
oipaL  No  exclusive  privilege  or  monopoly  was  to  be  granted  for 
a  longer  periad  than  twenty  years.  The  Constitution  was  to  be 
submitted  to  the  people  for  their  ratification  or  rejection,  and,  in 
cose  of  its  being  ratified,  it  became  the  duty  of  the  Governor 
^  forthwith  to  issue  his  proclamation  declaring  the  Legislature  elect- 
y^e^  under  the  old  Constitution  to  be  dissolved,  and  directing  elec- 
tions to  be  held  for  GoVemor,  Lieutenant-Governor,  Members  of 
the  General  Assembly,  and  all  other  oflloers  whose  election  was 
provided  for.  The  Constitution  wan  ratified  by  the  people,  and  the 
new  Legislature,  elected  according  to  its  provisions,  met  on  the 
9th  of  Febi-uary,  1846.  The  retiring  Governor,  Alexander  Moutoii, 
complimented  the  Legislature  on  the  wonderful  change  whicti,  in 
three  years,  lince  his  inaugural  address,  had  taken  place  in  the 
coadition  of  the  State,  under  a  wise  legislation  and  a  proper  system 
of  economy  and  retrenchment.  He  informed  them  that  he  had 
caused  to  be  canceled  bonds  and  coupdAs  of  interest  of  the  debt 
propfir  of  the  State  to  the  amount  of  more  than  three  millions  and 
a  half  of  dollars,  which  had  been  paid  or  settled  by  the  Treasury, 
un  let  the  Act  providing  for  the  adjustment  and  liquidation  of  the 
del|ts  proper  of  the  State,  approved  the  2dd  of  March,  1844. 

"  The  Banks  are  extinguishing,"  he  said,  '*  as  rapidly  as  Aould  be 
expected,  the  bonds  unfortunately  issued  by  the  State  to  enable 
them  to  raise  their  capital.  The  Municipalities  of  the  City  have 
withdrawn  their  depreciated  circnlation,  and  our  State  and  City 
arc  now  blessed  with  a  sound  constitutional  currency,  amply  ade- 
quate to  all  domestic  or  commercial  purposes. 

"  On  taking  charge  of  th6  Executive  ofilce  of  the  State,  I  formed 
the  deliberate  opinion  that  it  was  for  the  interest  of  the  people  and 
the  duty  of  the  Government  to  disconnect  itself  with  all  companies 
Jfjad  corporations;  to  aVoid  embarkiiig  in  improvements  which, 
either  on  &ccount  of  their  national  chaiMter,  should  properly  be 
made  by  the  General  Govenfttient,  rn^ln  those  wkieh  cotdd  be  effect- 
ed by  the  local  authorities  or  individtial  eflbrts;  to  pay  off  the 
whole  State  debt  and  reduce  the  taxlto ;  to  dtredl  the  eflbrts  of  the 
State  Government  mainly  to  the  adoption  aind  administratibn  of 
W189  laws  for  the  protection  of  persons  tod  property,  and  the  pro- 
motion of  education  and  morality,  and  limit  the  offices  and  expenses 


,1 


■i  t 

\ 


'  I 


a. 


is 

<  f     ; 


070 


OOVSKVOR  ISAAC  JOHNSOlf. 


[184^. 


of  the  State  to  those  which  were  absolutely  necessary  for  these 
purposes ;  and  to  encourage  among  the  people  a  disposition  to 
prosper,  not  by  speoulatire  schemes,  but  by  industry  in  produc- 
tive occupation,  and  economy  in  their  mode  of  living."  These 
were  judicious  views,  and  the  Oovemor  had  been  remarkably 
successful  in  carrying  them  in  to  execution,  for  "  the  public  credit," 
he  said,  *'  has  been  entirely  restored,  and  our  treasury  is  in  a 
most  prosperous  condition.  On  the  STst  of  December  last,  there 
was  a  suri)lus  in  cash  of  two  hundred  und  twenty-five  thousand 
dollars  in  the  Treasury,  after  having  paid  the  extraordinary  ex- 
penses incurred  for  the  Statd  Oonventiou,  amounting  to  nearly 
ninety  thousand  dollars.  The  State  debt,  in  round  numbers,  may 
be  stated  at  one  million  three  hundred  thousand  dollars,  payable 
from  1848  to  1872.  The  cash  and  other  assets  in  the  Treasury, 
and  the  land  fUnd  of  the  State,  would  at  once  extinguish  the  debt ; 
and,  in  my  opinion,  the  appropriation  of  these  means  to  this  end 
would  be  the  most  advisable  course  to  pursue  at  present,  and  ever 
hereafter  to  rely  upon  the  yearly  income  for  all  purposes  of  yearly 
expenditure."  This  tableau  presented  by  the  Governor  shows 
what  wonders  can  be  worked  in  such  a  country  as  Louisiana  un- 
der a  wise  and  economical  administration.  Like  Antaeus,  she  can 
be  prostrated  only  to  rise  up  with  more  vigor  and  elasticity. 

1846.  The  Gtovemor-elect  under  the  new  Constitution,  Isaac 
Johnson,  was  installed  into  office  on  the  12th  February,  1846.  He 
had  been  a  member  of  the  State  Legislature  and  a  District  Judge. 
Shortly  after  his  inauguration,  hostiUties  began  on  the  Rio  €(rande, 
between  the  United  States  and  Mexico,  and  the  greatest  excite- 
ment prevatle  "1  in  New  Orleans,  when  it  was  heard  that  Oeneral 
Taylor,  who  commanded  a  small  Federal  army  in  that  District,  was 
threatened  to  be  overwhelmed  by  immensely  superior  forces  which 
the  enemy  had  brought  rapidly  against  him.  Taylor  made  a  re- 
quisition on  Louisiana  for  reinforcements,  and  the  manner  in  which 
it  was  answered  is  aptly  described  by  Governor  Johnson  in  a  let- 
ter to  Marcy,  the  Secretary  of  War,  dated  June  12, 1846 :  "The 
call  upon  the  patriotism  of  Louisiana  presented  a  starjtling  view  of 
the  eritical  and  perilous  situation  of  the  army  and  of  Point  Isabel, 
and  left  no  time  for  calculating  reflection,  and  none  for  delay.  An 
absorbing,  energetic  sentiment  of  duty  to  the  country  possessed  the 
minds  and  hearts  of  this  entire  community.  The  Judge  deserted  the 
Bench,  the  lawyer  his  clients,  the  physician  his  patients,  the  mer- 
chant his  counting-house,  the  mechanic  his  workshop,  and  the  min- 
ister of  the  Gk>Bpel  his  pulpit,  to  respond  to  the  proclamation  for 


[184p. 

y  for  these 
position  to 
in  prodnc- 
ig.»»  ThcBO 
remarkably 
Wic  credit," 

ury  l«  ^"  * 
r  IftBt,  there 
ve  thousand 
ordinary  ex- 
ig  to  nearly 
ambers,  may 
lars,  payable 
he  Treasury, 
Ash  the  debt; 
B  to  this  end 
»cnt,  and  ever 
OSes  of  yearly 
vemor  shows 
Louisiana  un- 
jtfiBUS,  she  can 
ksticity. 
iittttion,  Isaac 
iry,  1846.    He 
Mstrict  Judge, 
le  Rio  Grande, 
greatest  excite- 
•d  that  General 
at  District,  was 
or  forces  which 

^lor  made  a  re- 
lanner  in  which 
ahnson  in  a  let- 
12,1846:  "The 
tarring  view  of 
of  Point  Isabel, 

,  for  delay.  An 
iryposwMedthe 
idge  deserted  the 
atients,*he  mer- 
op,  and  the  min- 
►roclamation  for 


1848.  J 


GOVERNOR   ISAAO  JOHNSON. 


671 


volunteers ;  and,  though  we  had  severe  difflonlties  to  encounter, 
by  union  and  decision  of  action  they  were  speedily  overcome.  In 
an  incredible  short  space  of  time  several  thousand  brave  and  de- 
voted men  were  forwarded  to  the  seat  of  war,  where  they  hap- 
pily arrived  in  time  to  enable  General  Taylor  more  confidently  to 
assume  an  offensive  attitude  against  the  enemy,  and  to  crown  the 
brilliant  victories  of  the  8th  and  9th,  already  achieved,  with  the 
conquest  of  Matamoros."  The  State  had  equipped  a  large  force 
at  a  cost  of  very  near  throe  hundred  thousand  dollars,  which  wore 
subsequently  reimbursed  by  thu  General  Government,  not,  however, 
without  treating  our  volunteers  with  some  illiberality,  and  reject- 
ing some  of  their  just  claims  on  the  plea  of  the  iksence  of  certain 
formalities,  which  had  not  been  observed,  either^om  ignorance, 
or  from  the  want  of  time,  when  circumstances  were  so  pressing 
and  delays  so  fhll  of  danger.* 

After  years  of  hesitation,  the  State  had  at  last  established  a  Peni- 
tentiary, at  the  high  cost  of  (400,000.  Besides  this  original  cost, 
the  keeping  up  of  that  establishment  turned  out  to  be  a  very  ex- 
pensive affair  for  the  State,  for  it  amounted  yearly  to  $20,000. 
The  policy  of  farming  it  out  was  suggested,  and  the  suggestion 
was  adopted.  The  Penitentiary  was  leased  out  for  five  years,  dur- 
ing which  it  not  only  ceased  to  be  an  expense  to  the  State,  but 
yielded  large  profits  to  the  lessee,  who  realized  more  than  $19,000 
a  year.  In  subsequent  leases  the  State  even  derived  a  handsome 
revenue  fVom  the  Penitentiary.  It  is  a  striking  illustration  of  the 
manner  in  which  certain  institutions  are  administered  in  the  name 
and  on  behalf  of  the  State.  She  will  become  bankrupt  where  indi- 
viduals  will  be  jome  rich. 

1848.  In  his  message  of  the  18th  of  January,  the  Governor  had 
the  satisfaction  to  inform  the  Legislature  that,  with  regard  to  the 
banking  institutions  of  the  City  of  New  Orleans  which  were  not 
in  a  state  of  liquidation,  "  there  was  nothing  hazarded  in  express- 
ing the  opinion  that,  at  no  period  of  their  history,  were  they  in  a 
sounder  and  more  healthy  condition  than  at  this  time."  Although 
the  Legislature  had  yearly  appropriated  large  sums  for  public 
works  and  improvements  throughout  the  State,  yet  the  results  had 
always  been  far  from  mcetii^  the  expeotatiiniB  entertained  on  the 
subject.  Hence  the  Gk> vemor,  in  1848,  had  fiilt  authorized  to  in- 
form the  General  Assembly  **  thst  the  Civil  Engineer  of  the  State 
had  been  iadtefhtigable  in  Ms  Department,  and  that  his  Report  would 

*  GoveiDor  Johnson's  Message,  Jannaiy  11, 1847. 


,     1 


'■  i 


1  I 

!    f 


<\ 


1    t 


672 


OOVEBNOB   ISAAC   J0UN80N. 


[iHfiO. 


announce  tho  Htartling  and  uiipruce<l«ntQd  fact  that  Ite  ha*l  per 
formed  all  thu  dutiea  impoHod  on  him  by  tho  lavt  Legiitluturv/'  hi 
relaticn  to  Bome  negloot  which  our  voluutucni  were  Huii'cring  f/om 
the  Ocioral  Gov«miuent  during  the  Mexican  War  whicn  wus 
still  pro{i  rt!8Hing,  he  said :  "  The  proud  aud  sf  uaitive  soldier  u;ay 
brood  over  his  wrongs  in  silence,  and  find  Holace  in  a  muiily  foiti- 
tudo  which  may  reconcile  him  to  obedience  as  a  paratnouut  duty ; 
but  the  State,  whoso  flag  he  bears,  cannot  be  thus  reconciled,  but 
should  assert  his  rights  in  a  (earless  and  proper  manner,  and  re- 
droHs  his  wrongs  if  possible.'* 

It  was  foreseen  that  the  invasion  of  Mexico  by  the  armies  of  tlic 
United  Stat«||Would  lead  to  the  acquisition  of  territory,  and,  in 
prevision  of  un»  event,  a  member  of  Congress  from  Pennsylvania, 
named  Wilmot,  intending  to  guard  against  tho  extension  of  t)it> 
area  of  slavery,  had  proposed  a  legislative  cnaotniont  which  would 
confine  it  to  its  present  limits.  It  was  called  the  "  Wilmot  Provi- 
so," and  revived  the  excitement  which  the  discussion  of  such  a 
'  subject  always  produced.  In  relation  to  it  the  Governor  observed : 
"  The  issue  has  been  forced  upon  us,  and  it  should  be  met  respect- 
fully and  temperately  ;  but  at  the  same  time  with  a  firm  and  un- 
compromising resistance.  Let  us,  at  least,  take  care  that  they  who 
have  sowed  the  speck  of  storm  shall  not  force  us  to  reap  the  whirl- 
wind." 

The  Legislature  having  adjourned  on  the  10th  of  March,  1848, 
without  adequately  providing,  as  required  by  the  Constitution,  for 
.;  the  establishment,  organization  and  support  of  public  schools 
'  throughout  the  State,  were  convened  by  the  Governor  in  extra- 
dinary  session,  and  met  on  tho  4th  of  December  in  the  same  year, 
when  they  repaired  the  omissions  of  the  last  sessioa  Already  were 
biennial  sessions,  limited  to  sixty  days*  found  to  be  an  evil.  Tlic 
object  of  this  constitutional  change  had  been  to  guard  against  too 
much  legislation,  but  it  seems  to  have  been  a  leap  irom  Scylla  into 
Charybdis. 

1850.    On  the  31st  of  January  the  Legislature  met  for  the  first 
time,  under  the  new  Constitution,  at  the  now  scat  of  Government, 
.,  the  town  of  Baton  Rouge,  where  a  State  House,  in  the  Gothic  stylo 
of  architecture,  had  been  constructed. 

On  the  2d  of  March,  1849,  Congress  had  passed  %,law  granting 

jv  to  the  State  all  the  swamp  and  overflowed  lands  withiq  her  limits,  on 

^4  the  condition  of  her  constructing  •u<j;h  levees  and  dizains  as  would 

render  those  lands  cultivable.     O.i  the  recommendation  of  the 

Governor,  this  conditional  grant  was  accepted    '(be  urea  of  the 


^^'  & 


m^'' 


[18B0. 

re."     ^'* 

iWl    >*'»* 
dior  uii^y 
uly  forti- 
ujt  duty ; 
ciled,  l)ui 
ir,  and  rc- 

aiesoftlie 
ry,  aud,  i" 
iiwylvaniftj 
ivon  of  the 
bioh  would 
jnot  Provi- 

n  of  Bttc^  * 
)r  observed: 

met  teapect- 
Srm  and  un- 
[iat  tbey  who 
ip  the  whirl- 
March,  1848, 
irtltution,  for 
ihlic  schools 
lor  in  extra- 
^e  same  year, 
aready  were 
.nevU.    'Hw 
W  against  too 
U  Scylhi  into 

et  for  the  first 

Government, 

[e  Gothic  style 

^>w  granting 
n  her  limits,  on 

E^is  as  would 
fdation  of  the 
|o  area  of  the 


I860.] 


OOVERNOB  JOSEPH   WALKEB. 


678 


Hwafnp  lands  thus  ceded  by  the  Federal  Government  was  estimated 
at  about  two  millions  two  hundred  and  sixty-six  thousand  acres. 

In  relation  to  the  slavery  question,  which  was  still  agitated  in 
and  out  of  Congress  with  greater  violence  than  ever,  and  which, 
hpnoeforth,  was  never  to  be  permitted  to  slumber  until  it  cnlmi- 
nated  to  one  of  the  grandest  catastrophes  of  modem  times,  Gov- 
ernor Isaac  Johnson  said :  "  Non-interference  by  Congress  with 
the  slavery  question  is  the  surest  means  of  preserving  the  Union, 
and  that  doctrine  should  be  insisted  on  with  an  unflinching  resolu- 
tion never  to  surrender  it.  To  any  proposition,  therefore,  to  com- 
promise that  doctrine,  the  South,  with  the  bitter  and  humiliating 
experience  of  the  past  before  her,  will  turn  a  deaf  ear.  Submission 
to  incipient  oppression  prepares  men  for  the  yoke,  and  compromises 
on  this  question  are  nothing  else  than  anti-slavery  victories.  The 
repeated,  galling  and  unprovoked  aggressions  of  anti-slavery  leave 
no  room  to  anticipate  a  ceseation  of  hostilities,  and  the  South  has 
been  sufficiently  warned  that,  if  it  is  wise  to  hope  for  the  best,  it  is 
equally  pn^dcnt  to  prepare  for  the  worst  It  is  far  better  to  be 
lawless  than  to  live  under  lawless  rule." 

On  the  23d  of  January,  1860,  we,  as  Secretary  of  State,  and  P. 
E.  D.  Livaudais,  State  Treasurer,  who  constituted  the  Board  of 
Currency,  laid  before  the  Legislature  our  Report,  which  concluded 
in  these  words:  ''From  the  examination  of  the  annexed  docu- 
ments, we  hope  that  your  Honorable  Body  will  come  to  the  conclu' 
sion  that  we  have  exercised  with  due  vigilance  that  supervision 
which  was  intrusted  to  us  by  the  Act  of  1843  ;  that  the  institution 
of  the  Board  of  Currency  has  been  a  measure  productive  of  saluta- 
ry influence  over  our  banking  system ;  that  it  has  prevented  the 
recurrence  of  the  seme  errors  fi'om  which  this  community  has  snf- 
fered  so  much ;  that  our  Banks  continue  to  be  in  a  flonrisbing  con- 
dition, and  that  the  currency  of  the  State  of  Louisiana  is  now  as 
sound  as  could  be  desired." 

On  the  28th  of  January,  1860,  Joseph  Walker,  the  successor  of 
Isaac  Johnson,  was  inaugurated.  He  had  long  been  in  public  life 
as  a  member  of  the  Senate,  as  State  Treasurer,  and  api  President  of 
the  late  Convention  who  had  framed  the  new  Constitution.  He 
expressed,  in  the  following  terms,  his  ^Hews  on  the  slavery  ques- 
tion :  "  Situated  as  we  are,  I  think  we  owe  it  to  ourselves,  to  our 
sister  States  of  the  South,  and  to  our  Northern  brethren,  to  declare 
that  if^  unhappily,  the  anti-slavery  agitation  wluoh  has  so  long 
been  allowed  to  insult  our  feelings  should  be  carried  to  the  point 
of  aggression  upon  our  rights;  if  th^  equality  between  all  the 


» 

r 

I 


674 


GOVERNOR   JOSEPH   WALKER. 


[1852. 


mm 

^^(, 

HL'  ^flii>?!SSmMB!: 

i^w^" 

■M.IH^^^K'S^B 

^^^i 

fFl'jIrarj^ 

^^^li 

^^1 

ff*  ii.*lflft«*'fjKic 

1^^ 

rilfls^^^^ 

l^n 

^^r^ 

R^ 

m 


members  of  the  Confederacy,  established  and  guaranteed  by  the 
Constitution,  should  be  destroyed  or  trenched  on  by  the  action  of 
the  General  Government,  then  we  are  prepared  to  make  common 
cause  with  our  neighbors  of  the  slaveholding  States,  and  pro- 
nounce the  Union  at  an  end.  For  myself,  I  do  not  hesitate  to  say, 
that  I  should  look  upon  a  dissolution  of  the  Union  as  the  greatest 
calamity  that  could  befall  us ;  but  that,  great  as  this  calamity 
would  be,  I  am  certain  there  is  not  one  of  our  citizens  who  would 
be  willing,  for  a  moment,  to  weigh  it  in  the  balance  against  the 
dishonor  of  submission." 

1852.  When  the  Legislature  met  in  January,  there  was  a  gen- 
eral impression  that  they  would  call  a  Convention  to  amend  the 
Constitution  so  lately  adopted  in  1846.  The  people  seemed  to  be 
already  dissatisfied  with  it,  and,  in  relation  to  the  supposed  dispo- 
sition entertained  by  their  Representatives,  the  Governor,  who 
was  opposed  to  the  contemplated  measure,  stated  in  his  address 
on  the  opening  of  their  session,  "  that  he  did  not  see  any  good 
ground  in  what  had  passed,  or  was  passing  in  State  affairs,  for  an- 
other change  in  our  organic  law."  He  recommended  to  their 
attention  the  principle  anunciated  by  Jefferson,  "  that  forms  of 
government  should  not  be  changed  for  light,  trivial  causes."  He 
observed,  that  "nothing  contributes  more  to  a  sound  state  of 
things  than  stable  laws,  faithfully  executed,  and  a  conviction  in 
the  public  mind  that  they  will  not  be  changed  until  such  change 
is  demanded  by  reasons  of  an  irresistible  character."  He  judi- 
ciously remarked,  that  a  new  Convention  probably  would  not,  upon 
trial,  "  meet  every  expectation  of  the  people  more  satisfactorily 
than  the  one  which  framed  the  present  Constitution."  Ibe  Gov- 
ernor did  not  seem  to  be  aware  that  perpetual  change  is  the 
essential  characteristic  of  democracy,  and  that  one  might 
with  as  much  reason  expect  steadiness  from  the  wind,  as  stability 
in  legislation  under  a  popular  government.  Thus,  notwithstand- 
ing his  arguments,  an  Act  was  passed  "  to  take  the  sense  of  the 
people  on  the  expediency  of  calling  a  Convention  to  change  the 
Constitution,  and  to  provide  for  the  election  of  delegates,  and  the 
holding  of  the  Convention."  The  sense  of  the  people,  as  a  matter 
of  course,  was  for  calling  a  Convention,  which  assembled  on  the 
6th  of  July,  1862.  The  result  of  their  labors  was  the  framing  of 
as  radical  a  Constitution  as  could  be  devised.  Every  office,  even 
that  of  the  judiciary,  was  made  elective,  and  for  a  very  short  ten- 
ure. Constant  elections  and  ''rotation  in  office"  were  for  the 
future  to  be  the  order  of  the  day.    The  sessions  of  the  Legislature 


1853.] 


OOVEBNOB   JOSEPH   WALKEB. 


675 


were  again  to  be  annual,  as  nnder  the  Constitution  of  1812,  but  still 
limited  to  sixty  days.  The  restriction  against  running  the  State 
into  debt  and  against  creating  banks  being  found  inconvenient, 
was  left  out  in  the  new  Constitution,  under  which  an  election  hav- 
ing taken  place  for  Governor,  P.  O.  Hebcrt,  who  had  been  Presi- 
dent of  the  late  Convention,  and  who  had  filled  the  office  of  State 
Engineer,  was  raised  to  the  dignity  of  Chief  Magistrate  of  the 
State,  and  sworn  as  such  in  January,  1853. 

1853.  On  the  l7th  of  the  same  month,  Joseph  Walker,  who  was 
retiring  into  private  life,  had  sent  to  the  Legislature  his  last  mes- 
sage, in  which  he  congratulated  them  on  the  present  peaceful, 
flourishing  and  happy  condition  of  the  State,  and  on  her  prospect- 
ive prosperity.  In  relation  to  the  new  Constitution,  the  Governor 
observed :  "  The  authority  granted  to  the  Legislattire  by  this  in- 
strument, to  pledge  the  faith  of  the  State,  and  contract  debts 
for  other  purposes  than  to  prosecute  war  and  subdue  insurrec- 
tions, is  a  power  that  should  be  guarded  with  sleepless  vigilance, 
and  exercised  with  extreme  caution.  The  experience  of  a  long 
life,  no  small  portion  of  which  has  been  spent  in  the  public  ser- 
vice, has  convinced  me  that  the  best  policy,  both  for  individuals 
and  governments,  is  to  avoid  debt  as  far  as  practicable." 

With  regard  to  the  removal  of  the  prohibition  to  create  bank- 
ing institutions,  Governor  Walker  said :  "  There  never  was  prob- 
ably a  time  when  it  was  less  necessary  to  extend  this  class  of 
facilities  than  the  present.  A  long  period  of  comparative  economy 
and  successful  industry  has  relieved  the  great  mass  of  the  com- 
munity from  harassing  debts,  money  is  abundant  and  cheap,  the 
community  is  solvent,  enterprise  is  active  without  wild  specula- 
tion, and  the  precious  metals  are  constantly  and  abundantly  in- 
creasing. Why  should  we  then  flood  the  country  with  bank  issues  ? 
Why  afford  the  means  of  hasty  speculation  ?  Why  run  the  risk  of 
former  painful  evils  ?  The  influx  of  precious  metals  from  Califor- 
nia, Australia,  and  other  sources,  is  unparalleled  in  the  monetary 
history  of  the  world,  and  bids  fair  to  change  even  of  itself,  without 
artificial  aid,  the  healthy  relations  of  capital  and  labor."  The 
Governor's  views  were  correct,  but  he  seemed  to  forget,  when  in- 
dulging in  these  interrogations,  that  the  recent  Convention  had 
been  called  by  the  influence  of  stockjobbers  and  politicians,  precisely 
to  remove  these  restrictions^  which  they  had  found  to  be  unpleasant 
fetters  to  their  designs.  As  to  the  Banks  then  existing,  whatever 
might  be  the  future  condition  of  those  to  be  created,  they  were 
stronger  than  similar  institutions  ever  were,  for  according  to  the 


676 


GOVEENOB   P.    O.   HEBEBT. 


[1864. 


statement  of  the  Board  of  Currency,  dated  December  30, 1852,  the 
amount  of  circulation  of  the  Banks  was  $5,400,946,  while  the  spe- 
cie in  their  vaults  was  $8,207,042. 

During  the  administrations  of  Johnson  and  Walker,  New  Or- 
leans had  been  the  centre  of  an  organization  to  revolutionize  the 
Island  of  Cuba,  and  procure  her  annexation  to  the  United  States. 
It  ended  in  the  failure  of  the  ill-advised  Lopez  expedition,  which 
brought  the  leader  of  that  name  to  the  scaffold,  caused  the  death 
of  many  of  his  rash  companions,  and  produced  a  riot  against  the 
Spanish  flag  and  Consul  in  New  Orleans,  for  which  the  Federal  Gov- 
ernment had  to  give  redress  to  Spain.  A  large  number  of  Coolies 
had  been  permitted  to  be  introduced  at  that  time  into  the  Island  of 
Cuba,  and  it  was  supposed,  at  least  in  Louisiana,  that  Spain,  under 
the  pressure  of  Great  Britain,  was  taking  initiatory  steps  to  abol- 
ish slavery  in  that  colony.  Acting  under  the  influence  of  these 
apprehensions,  Governor  Hebert,  in  his  annual  message  of  1854, 
said :  "  Will  the  Federal  Govemmoht,  charged  with  the  interna- 
tional interests  of  States,  anticipate  the  threatened  peril,  or  pa- 
tiently and  quietly  await  the  occurrence  of  it  ?  The  evil  would 
then  be  irremediable.  Confiding,  as  we  may  justly  do,  in  the  firm- 
ness, patriotism,  and  truly  national  spirit  of  the  Chief  Magistrate 
of  the  Union,  the  deliberate  expression  of  the  sentiments  of  the 
people  of  Louisiana  upon  this  all-important  subject  would  at  once 
sustain  the  watchfulness  of  the  Administration,  and  strengthen 
their  hands  in  executing  any  measure  for  our  protection  which 
they  might  deem  necessary  to  adopt."  The  Chief  Magistrate  of 
the  Union  was  then  Franklin  Pierce,  and  the  "  measure"  which 
was  expected  for  our  protection  was  the  acquisition  of  the  Island 
of  Cuba.  We  know  that  the  negotiation  which  was  attempted 
on  this  subject  failed  as  miserably,  if  not  as  tragically,  as  the 
Lopez  expedition.  Danger  came  to  us  from  a  very  different 
source  from  the  one  alluded  to  by  Governor  Hebert ;  for  slavery 
is  still  protected  by  Spain  in  her  West  India  colonies,  whilst 
all  the  Southern  States  are  in  arms,  at  the  time  when  we  write 
these  lines,  to  defend  this  institution  against  the  Federal  Gov- 
ernment. 

1854.  When  the  Legislature  met  on  the  16th  of  January,  the 
gloom  and  desolation  produced  by  the  extraordinary  and  fatal 
fever  which  had  prevailed  throughout  the  State  during  the  sum- 
mer and  autumnal  months  of  the  preceding  year  were  not  yet 
dissipated,  and  well  might  the  State  grieve,  for  she  had  been  de- 
prived of  thousands  of  her  sons  by  the  most  frightfUl  epidemic 


[1854. 

1852,  the 
e  tbe  spe- 

New  Or- 
Lonize  the 
ed  States, 
on,  which 
the  death 
gainst  the 
deral  Gov- 
of  Coolies 
3  Island  of 
►ain,  undci* 
ips  to  abol- 
je  of  these 
re  of  1854, 
he  interna- 
eril,  or  pa- 
evil  would 
in  the  firm- 
Magistrate 
lents  of  the 
lid  at  once 
strengthen 
cstion  which 
igistrate  of 
lure"  which 
the  Island 
attempted 
illy,  as  the 
y   different 
for  slavery 
nies,  whilst 
n  we  write 
ideral  Gov- 

[anuary,  the 
and  fatal 
Qg  the  sum- 
[ere  not  yet 
lad  been  de- 
JEul  epidemic 


1866.] 


GOVERNOR  P.    O.   HEBEBT. 


677 


which  she  had  ever  witnessed.  It  had  not  confined  its  ravages  to 
New  Orleans,  but  had  spread  to  distant  parishes  in  the  country. 
Notwithstanding  this  heavy  blow,  she  was  otherwise  prosperous, 
and  energetically  engaged  in  the  construction  of  railroads,  and  in 
carrying  on  other  works  of  internal  improvement.  She  had  made 
large  appropriations  to  organize  and  support  her  new  system  of 
Public  Schools,  and  to  survey  and  reclaim  the  swamp  lands  granted 
to  her  by  Congress.  She  had  therefore  increased  her  debt  proper 
to  $3,281,809,  but  there  was  not  in  this  amount  of  indebtedness 
any  disproportion  with  the  extent  of  her  resources.  It  must  be 
admitted,  however,  that  she  had  been  remarkably  unfortunate  in 
the  choice  of  her  collectors  of  taxes ;  for  it  appears  from  a  list  pub- 
lished in  1864,  by  the  State  Auditor,  agreeably  to  law,  that  there 
had  been  from  1830  to  1848  inclusive,  sixty  defaulters  for  public 
moneys,  and  that  the  sums  of  which  she  had  been  thuB  defrauded 
amounted  to  $271,656  96. 

1865.  On  the  16th  of  Fobroary  the  Legislature  met  at  Baton 
Rouge,  a  few  months  after  the  yellow  fever  had,  for  a  second  time, 
desolated  the  State.  "  The  general  prevalence  of  that  disease," 
said  the  Governor  in  his  annual  message,  "  dm-ing  two  successive 
years,  in  the  most  malignant  fom^  seems  to  authorize  the  conclu- 
sion that,  supposing  it  to  have  been  at  any  time  of  foreign  origin, 
it  has  now  assumed  a  fixed  habitation  within  our  borders."  He 
called  the  attention  of  the  General  Assembly  to  the  Report  of  the 
Swamp  Laud  Board,  which  showed  that  at  least  six  hundred  and 
fifly  thousand  acres  of  overflowed  lands  had  been  reclaimed,  at  a 
cost  of  one  hundred  and  fifly-six  thousand  dollars.  A  most  grati- 
fying result,  if  strictly  accurate.  An  intelligence  which  was  less 
gratifying  was,  that  the  Report  of  the  Superintendent  of  Public  Ed- 
ucation exhibited  an  unsatisfactory  condition  of  our  educational 
system.  "Indeed,"  said  the  Governor,  "the  system  may  be  con- 
sidered almost  a  failure,  or  rather  it  is  not  a  system.  It  is  the  be- 
wildering confusion  of  chaos."  The  Governor  also  complained  of 
the  disorganized  state  of  the  militia — a  steady  complaint  from  all 
our  Governors  ever  since  1804.  All  had  remonstrated  against 
that  evil  with  indefatigable  pertinacity,  but  their  remonstrances 
had  been  but  seeds  cast  on  the  rock,  or  on  such  light  soil  as  not  to 
germinate  and  bear  fruit.  "  It  is  the  duty  of  Louisiana,"  observed 
Governor  Hebert,  "  a  duty  which  she  owes  to  her  own  self-preser- 
vation and  to  her  sister  States  of  the  South,  to  cultivate  the  martial 
spirit  of  her  people.  Her  position  exposes  her  to  the  first  assault 
of  the  enemy.    She  should  be  ready  at  all  times  in  contribute  her 


I'. 


i 


678 


GOVERNOR   P.   O.   HEBERT.    • 


[1865. 


full  share  to  defence.  She  must  be  prepared  to  meet  the  responsi- 
bilities which  the  spirit  of  fanaticism  at  home  may  impose  upon 
her,  and  which  an  attitude  of  firmness,  with  all  the  preparation  to 
maintain  it,  may  alone  avert. 

1865.  This  year  was  marked  by  what  may  be  called  the  demo- 
lition of  the  "  Know  Nothing  "  party  in  Louisiana.  It  was  a  se- 
cret Order  which  had  been  imported  into  the  Stat"  from  New  Eng- 
land, and  into  which  numbers  were  introduced  under  the  sanctity 
of  an  oath.  They  recognized  each  other  by  certain  signs  and  grips, 
and  could  not  penetrate  into  the  halls  where  the  society  met  with- 
out exchanging  pass-words,  and  without  other  formalities.  There 
were  several  grades,  and  those  who  belonged  to  the  highest 
knew  more  of  the  real  designs  of  the  society  than  those  who  were 
on  the  inferior  steps  of  the  ladder.  The  Know  Nothing  party  had 
no  other  ostensible  object  than  that  of  excluding  foreigners  from 
participating  in  the  administration  of  the  affairs  of  the  country,  of 
securing  the  purity  of  elections,  and  establishing  firmly  the  prac- 
tical operation  of  the  golden  rule,  "  that  oflice  must  seek  the 
proper  man,  and  not  be  sought  by  him."  Partly  seduced  by  this 
standard,  partly  by  the  attractions  of  novelty,  and  perhaps  also 
from  other  motives,  almost  the  whole  of  Louisiana  may  be  said, 
with  truth,  to  have  rushed  with  ejjthusiastic  precipitation  into  the 
arms  of  this  mysterious  Order.  Thus  far  it  was  a  mere  Stat*}  organ- 
ization, but  it  soon  was  found  indispensable  to  connect  it  with  the 
other  Lodges  of  the  same  Order  in  the  other  States,  with  a  view  to 
establish  upon  the  original  association  a  national  party.  To  this 
effect,  there  was  to  be  a  grand  meeting  of  all  the  Lodges  in  Phila- 
delphia in  the  month  of  May.  It  was  to  be  an  imposing  Conven- 
tion, in  which  means  were  to  be  devised  to  strehgthen  the  as- 
sociation, and  to  enable  it  to  elect  a  President  of  the  United 
States  and  secure  the  reins  of  the  Government.  But  it  began  to 
be  rumored  at  this  time  in  Louisiana  that  the  main  object  of  this 
wide-spread  organization  was  the  proscription  of  Catholics.  It 
produced  great  excitement,  and  it  was  determiced  to  test  the  ques- 
tion. Six  delegates,  of  which  five  were  Protestants  and  one  Catho- 
lic, were  elected  to  the  Philadelphia  Convention.  On  their  pre- 
senting themselves  to  that  body,  the  five  Protestants  were  told 
that  they  ccnld  come  in,  but  the  Catholic  was  rejected  unless  he 
consented  to  mako  certain  concessions,  to  which  he  was  not  in  the 
least  disposed  to  assent.  His  Protestant  colleagues  remonstrated  in 
vain  against  such  a  distinction,  and  the  result  was  that  they  retired 
with  their  Catholic  associate.    On  the  report  of  |his  fact  made  in 


[1855. 


1866.] 


OOYEBKOB  P.   O.   HEBERT. 


679 


B  responsi- 
ipose  upon 
)aration  to 

the  demo- 
was  a  se- 
New  Eng- 
le  Banctity 
i  and  grips, 
T  met  with- 
ies.   There 
he  highest 
3  who  were 
r  party  had 
.gners  from 
country,  of 
[y  the  prac- 
ist  seek  the 
iced  by  this 
erhaps  also 
nay  be  said, 
ion  into  the 
State  organ- 
it  with  the 
th  a  view  to 
;y.    To  this 
Tea  in  Phila- 
Ing  Conven- 
;hen  the  as- 
the  United 
i  it  began  to 
»ject  of  this 
itholics.     It 
sst  the  ques- 
l  one  Catho- 

n  their  pre- 
bs  were  told 
sd  unless  he 
as  not  in  the 
lonstrated  in 

they  retired 
fact  made  io 


an  immense  meeting  which  took  place  in  New  Orleans,  the  Know 
Nothing  party  of  Louisiana  emphatically  refused  affiliation  with 
the  party  of  that  name  in  the  other  States,  and  from  that  time  this 
celebrated  Order,  which  seemed  at  first  to  be  gifted  with  such  exu- 
berant vitality,  rapidly  decreased  in  numbers  and  influence  in  Lou- 
isiana, because  many  hurried  to  withdraw  their  names  and  co-ope- 
ration. It  had  the  same  fate  from  Maine  to  Florida,  when  the 
truth  was  known.  The  religious  persecution  which  it  carried  in 
its  bosom,  and  which  it  wished  to  hatch,  tainted  its  blood  as  if  with 
leprosy,  and  it  withered  away  as  rapidly  as  it  had  sprung  up  into 
gigantic  proportions.  To  Louisiana  belongs  the  merit  of  having 
spumed  and  repudiated  the  poisonous  cup  which  Northern  fanati- 
cism had  80  successfully  sweetened  with  honey. 

1856.  In  January,  the  official  relations  of  Governor  Hebert  with 
the  State  terminated.  In  his  valedictory  message  he  referred  with 
deep  mortification  to  the  scenes  of  intL.uidation,  violence  and  blood- 
shed which  had  marked  the  late  general  elections  in  New  Orleans. 
He  said  that  the  repetition  of  such  outrages  would  tarnish  our  na- 
tional character,  and  sink  us  to  the  level  of  the  anarchical  Govern- 
ments of  Spanish  America ;  that  before  the  ocuurrence  of  those 
"  great  public  crimes,"  the  hideous  deformity  of  which  he  could 
not  describe,  and  which  were  committed  with  impunity  in  mid-day 
light  and  in  the  presence  of  hundreds  of  persons,  no  one  could  have 
admitted  even  the  possibility  that  a  bloodthirsty  mob  could  have 
contemplated  to  overawe  any  portion  of  the  people  of  this  State  in 
the  exercise  of  their  most  valuable  rights,  "  but  that  what  would 
then  have  been  denied,  even  as  a  possibility,  is  now  an  historical 
fact."  He  committed  to  the  wisdom  and  patriotism  of  the  Legis- 
lature the  entire  subject,  as  perhaps  the  most  important  in  its 
nature  and  general  bearings  which  could  engage  their  attention. 

During  the  preceding  summer  of  1854,  Louisiana  had  again  been 
submitted  to  the  desolating  ordeal  of  the  Yellow  Fever.  It  origina- 
ted in  New  Orleans,  from  which  it  spread  to  the  most  remote  parts 
of  the  State.  It  had  always  been  a  dark  spot  among  those  elements 
of  prosperity  which  had  continued  to  develop  themselves  in  a 
country  so  richly  favored  by  nature,  and  by  those  free  institutions 
which,  though  so  frequently  abused,  are  yet  so  conducive  to  human 
happiness.  Great  works  of  internal  improvement  had  been  steadi- 
ly advancing  to  completion,  and  had  already  realized  some  of  the 
advantages  which  were  expected  from  them.  The  New  Orleans, 
Jackson,  and  Great  Northern  Railroad  had  been  pushed  beyond  the 
limits  of  the  State,  and  the  New  Orleans,  Opelousas  and  Great 


680 


GOVERNOR    ROBERT   C.    WICKLIFFE. 


[1866. 


I|; 


Western  Railroad  was  in  suceesBful  operation  over  a  distance  of 
sixty-six  miles.  The  finances  of  the  State  were  in  a  sound  and 
healthy  condition,  there  being  a  balance  in  the  Treasury  of  $682,305 
on  the  31st  of  December,  1866.* 

The  Governor  concluded  his  message  in  these  words :  "  The  wild 
spirit  of  fanaticism  which  has,  for  so  many  years,  disturbed  the 
peace  of  the  country,  has  steadily  increased  in  power  and  influence. 
It  controls  the  councils  of  several  S  rates,  nullifies  the  laws  of  Con- 
gress enacted  for  the  protection  of  oui-  property,  and  resists  the 
execution  of  them,  even  to  the  shedding  of  blood.  It  has  grown 
so  powerful  that  it  now  aspires  to  control  the  Federal  Legislature. 
The  fact  can  no  longer  be  concealed,  however  much  it  may  be  re- 
gretted. The  slaveholding  States  are  warned  in  time.  They 
should  be  prepared  for  the  issue.  If  it  mutt  come,  the  sooner  the 
better.  The  time  for  concessions  on  our  part  and  compromises  has 
past.  If  the  Union  cannot  be  maintained  upon  the  just  and  whole- 
some principles  of  the  Oonstitution,  concessions  and  compromises 
will  only  retard  its  dissolution,  not  save  it.  They  have  had  thus 
far  no  other  result  than  to  encourage  attack  and  increase  the  num- 
bers of  abolitionists.  It  would,  however,  be  premature  to  suggest 
practical  measures  of  resistance  or  retaliation.  The  present  ses- 
sion of  Congress  will  develop  folly  the  plans  of  that  party. 
Your  own  action  must  depend,  in  a  great  measure,  upon  the  course 
which  they  shall  pursue.  The  responsibility  will  be  upon  those 
who  have  forced  us,  in  defbnce  of  our  most  saored  rights,  of  our 
honor,  and  of  our  very  existence,  to  resort  to  extreme  reme- 
dies." 

Governor  Hebert  was  succeeded  by  Robert  C.  Wickliffe,  a  Ken- 
tuckian  by  birth,  whose  family  had  obtained  great  political  distinc- 
tion in  that  State.  Robert  C.  Wickliffe  had  settled  in  the  Parish 
of  West  Feliciana,  had  practiced  law  and  become  a  leading  Demo- 
crat in  that  section  of  the  co^mtry.  After  having  served  in  the 
Senate  of  the  State  for  several  years-  he  was  raised  to  the  Execu- 
tive chair.  In  his  inaugural  address  he  said :  "It  is  deeply  to  be 
regretted  that  the  overshadowing  power  of  the  Federal  Govern- 
ment, in  its  actual  administratioii,  should  so  much  divert  the  atten- 
tion of  the  people  from  a  proper  consideration  of  the  local  wants 
of  their  respective  States.  In  the  struggle,  on  the  one  hand,  to  en- 
large, and,  on  the  other,  to  limit  the  power  of  Congress  to  those 
positively  delegated,  parties  are  organized  with  reference  to  Fed- 


•  Governor  Hebert's  Meosage,  1866. 


[1866. 


I860.] 


GOVERNOR   ROBERT   0.    WICKLIFFE. 


681 


ince  of 
ind  and 
(632,305 

rhe  wild 

•bed  the 

nfluenoe. 

i  of  Con- 
sists the 

18  grown 

gislature. 

ay  be  re- 

le.    They 

sooner  the 

•mises  has 

md  whole- 

[npromises 
had  thus 

3  the  nuTO-  . 

to  suggest 

resent  ses- 

hat  party. 

the  course 

ipon  those 

its,  of  our 

|eme  reme- 

iffe,  a  Ken- 
leal  distinc- 
Ithe  Parish 
ling  Demo- 
red  in  the 
Ithe  Execu- 
seply  to  be 
ral  Govem- 
the  atten- 
)cal  wants 
land,  to  en- 
to  those 
ice  to  Fed- 


eral issaes  alone.     Our  domestic  interests  are  forgotten,  neglected, 
or  absorbed  in  the  contest  for  Federal  power. 

"  This  practical  working  of  our  double  systems  was  not  antici- 
pated by  the  framers  of  the  Constitution  of  these  United  States. 
Had  Congress  confined  itself  to  the  execution  of  the  few  grants  of 
power  delegated  to  it  by  the  several  sovereignties  that  compose 
the  Union,  the  result  would  have  been  diffei'ent,  and  would  not 
have  deviated  from  that  anticipated  by  our  fathers.  But  Congress 
has  proceeded  step  by  step  to  extend  by  implication  its  power,  and 
to  control,  develop,  or  modify  interests  which  were  left  by  the 
Constitution  to  the  operation  of  natural  causes,  the  siiarp  rivalry 
of  individual  enterprise  and  the  wisdom  of  State  legislation. 

"  It  is  not  my  purpose  to  review  the  history  of  what  has  been 
justly  regarded  as  the  usurpations  of  Congress,  nor  to  trace  out 
the  manner  in  which  its  limited  powers  have  been  extended  to 
subjects  not  properly  within  its  control,  and  made  to  bear  on  the 
highest  interests,  which  ought  to  have  been,  and  were  reserved  as 
exclusively  appertaining  to  the  State  Governments.  But  I  am 
compelled  to  say,  that  the  steady  encroachments  made  by  Congress 
on  the  reserved  rights  of  the  States  have  not  only  sanctioned  but 
encouraged  outrages,  that,  if  not  checked,  will  undoubtedly  result 
in  a  dissolution  of  the  Union. 

"  I  do  not  wish  to  speak  lightly  of  the  Unioui  Next  to  the  lib- 
erty of  the  citizen  and  the  sovereignty  of  the  States,  I  regard  it 
as  '  the  primary  object  of  patriotic  desire.*  It  should  be  dear  to 
us  as  a  sentiment,  and  dearer  to  xis  for  its  real  value.  But  it  cfinnot 
have  escaped  observation,  that  the  hold  which  the  Union  once  had 
upon  the  affection  of  the  South  has  been  materially  weakened,  and 
that  its  dissolution  is  now  frequently  spoken  of,  if  not  with  ab- 
solute levity,  yet  with  positive  indifference,  and,  occasionally,  as 
desirable. 

"  It  should  always  be  remembered  that  every  interpretation  of 
the  Constitution,  not  sanctioned  by  its  letter  and  spirit,  forms  the 
basis  for  future  unwarranted  construction,  and  so  we  shall  go  on, 
until,  in  the  end,  the  States  become  mere  dependencies,  and  life, 
liberty  and  property  shall  lie  at  tne  mercy  of  naked  majorities  of 
Congress.  Such  has  been  and  such  is  the  tendency  of  Federal 
legislation ;  nor  is  this  all.  Disregarding  the  rights  of  the  States, 
Congress  seems  to  have  looked  mainly  to  the  interests  of  a  sec- 
tion of  the  country,  until  that  favored  section  has  begun  to  con- 
sider the  Constitution,  not  only  made  for  its  advantage  alojie,  but 
actually  as  a  means  of  aggression  upon  the  rights,  the  interests  and 


G82 


GOVERNOR    ROBERT   C.    WICKLIFFE. 


[1860. 


f 


the  honor  of  the  Slave  States ;  bo  that,  at  this  time,  a  party  has 
been  formed,  and  in  in  a  relative  ascendency  in  the  lower  branch 
of  Congress,  with  no  other  bond  of  union  than  a  settled  purpose 
to  make  war  on  the  institutions  of  the  South,  not  that  these  insti- 
tutions are  hurtful  to  the  North,  but  because  they  are  in  conflict 
with  one  of  the  forms  of  fanaticism,  which  the  misguided  people 
of  the  North  have  adopted  through  the  designs  of  artful  men,  cov- 
etous only  of  their  own  political  advancement.  ^ 

"  Unless  the  progress  of  this  insanity  is  checked,  the  Union  will 
soon  be  a  matter  of  history.  Unity  of  action  on  the  part  of  the 
South,  a  determination  calmly  made  and  fearlessly  executed,  to 
permit  no  further  encroachments,  can  alone  perpetuate  the  Union 
of  these  States ;  and  that  Union  is  not  worth  preservation,  if  we 
of  the  South  are  to  be  incessantly  engaged,  in  and  out  of  Congress, 
in  defending  ourselves  from  the  attacks  of  those  who  use  the  Union 
as  a  means  or  assault  upon  us. 

"  It  has,  therefore,  become  the  painful  duty  of  every  slave  State 
distinctly  to  declare  that  no  further  aggression  will  be  pennitted, 
and  to  invite  the  co-operation  of  every  State  in  vindicating,  to  the 
last  extreme^  the  rights  secured  by  the  Constitution,  and  which  are 
immeasurably  of  more  value  than  the  Constitution  itself."  The  Gov- 
ernor went  on  in  the  same  strain  sounding  the  tocsin  of  alarm. 
There  was  unfortunately  but  too  much  cause  for  apprehension,  for 
the  dullest  eye  could  see  the  danger  as  it  came  onward  on  the 
wings  of  the  lightning  which  announced  the  storm. 

Referring  to  the  internal  condition  of  the  State,  Governor  Wick- 
liffe  said :  ''  Bountiful  as  nature  has  been  to  Louisiana,  the  skill  of 
the  engineer  is  still  essential  to  her  full  development.  With  twen- 
ty-five millions  of  acres  of  fertile  lands,  hardly  a  tenth  is  in  culti- 
vation ;  with  a  sea-coast  a  third  in  length  of  the  State,  we  have  a 
tonnage  almos*^^  in  its  infancy.  With  capacity  to  produce  all  the 
cotton  needed  for  the  British  Empire,  and  all  the  sugar  required 
for  this  great  Confederation,  we  are  as  yet  but  laggards  in  their 
growth.  With  thousands  of  miles  of  internal  navigation,  our  pro- 
ductions frequently  can  find  no  market,  and  North  and  South  Lou- 
isiana are  strangers  to  each  other.  Toward  the  cultivation  of  these 
.millions  of  acres,  toward  the  improvement  of  these  miles  of  navi- 
gation, toward  cementing  together  these  sections,  discreet  and 
timely  legislation  can  do  much.  As  yet  nothing,  absolutely  noth- 
ing, has  been  accomplished.  A  fund  for  internal  improvements  has 
existed  for  years.  Large  amounts  of  it  have  been  expended.  Yet 
it  would  be  difi&cult  for  even  a  curious  inquirer  to  discover  any 


[1866. 

ty  has 
branch 
)urpo80 
B  insti- 
confliot 
people 
en,  cov- 

ion  will 
,  of  the 
lUted,  to 
le  Union 
3n,  if  we 
/ongress, 
be  Union 

ive  State 
erraitted, 


1867.] 


OOVEBNOB   ROBERT  0.    WICKUFFE. 


688 


ing. 


to  the 


which  are 
The  Gov- 
lof  alarm, 
snsion,  for 
kvd  on  the 

lor  Wick- 
le  skill  of 
''ith  twen- 
18  in  culti- 
re  have  a 
Ice  all  the 
required 
L8  in  their 
I,  our  pro- 
»uth  Lou- 
m  of  these 
IB  of  navi- 
[creet  and 
itely  noth- 
»ment8  has 
Ided.    Yet 
icover  any 


eneflt  that  has  resulted  from  it."  These  were  sad  truths  from  the 
lips  of  the  Chief  Magistrate.  He  further  said :  "  It  is  passing 
strange  that,  in  a  popular  Government,  without  privileged  classes, 
without  stipendiaries  on  the  bounty  of  the  State,  mismanagement 
and  recklessness  should  be  tolerated."  If  the  Governor  had  re- 
flected a  little  on  the  nature  of  man  and  looked  into  the  pages  of 
history,  he  would  not  have  thought  it  ^'  passing  strange"  thtft  pop- 
ular Government  should  be  liable  to  mismanagement  and  reckless- 
ness. "  May,"  continued  the  Governor,  "  the  future  redeem  the 
errors  of  the  past,  and,  striking  boldly  and  freely  at  all  maladmin- 
istration, vindicate  the  purity  and  wisdom  of  republican  institu- 
tions, while  we  promote  and  enlarge  our  material  interests."  Thus 
far  this  patriotic  hope  has  not  been  realized. 

1867.  At  the  opening  of  the  annual  session  of  the  Legislature  in 
1857,  the  Governor  complimented  them  on  the  result  of  the  late  Presi- 
dential election,  which  had  secured  the  success  of  the  Democratic 
Party  represented  by  James  Buchanan  and  John  C.  Breckenridgc 
over  Fremont  and  Dayton,  who  were  the  exponents  of  the  subver- 
sive doctrines  of  Black  Republicanism.  He  expressed  the  convic- 
tion that  their  wise  and  conservative  rule  would  give  peace  and 
quiet  to  our  country,  and  would  bring  back  that  iraternal  love 
which  existed  during  the  earliest  days  of  our  Republic,  and  which 
gave  such  bright  hopes  to  our  forefathers  throughout  the  darkest 
hour  of  our  struggle  for  independence.  "  Should,  however,"  he 
continued  to  say,  "  those  bright  and  cheering  anticipations,  which 
we  now  so  fondly  indulge,  not  be  realized,  when  freedom  and  equal- 
ity in  the  Union  are  denied  us  of  the  South  by  the  people  of  the 
North,  then  Louisiana  will  take  her  position,  and  maintain  her 
rights  by  the  strong  arms  and  bold  hearts  of  her  brave  sons." 

He  also  informed  the  Legislature  that  the  immigration  of  free 
negroes  from  other  States  of  the  Union  into  Louisiana  had  been 
steadily  increasing  for  years,  that  it  was  a  source  of  great  evil,  and 
demanded  legislative  action :  "  Public  policy  dictates,"  he  observ- 
ed, "  the  interests  of  the  people  require,  that  immediate  steps  should 
be  taken  at  this  time  to  remove  all  free  negroes  who  are  now  in  the 
State,  when  such  removal  can  be  effected  without  violation  of  law. 
Their  example  and  association  have  a  most  pernicious  effect  upon 
our  slave  population.  At  the  same  time,  the  law  forbidding  the 
master  to  allow  the  slave  to  hire  his  own  time  should  be  made 
more  stringent,  and  more  vigorously  enforced  —  these  examples 
being  scarcely  less  injurious  to  the  slave  than  that  of  the  free 
negro, 


n 


084 


OOVEKNOB  ROBERT  0.  WICKUFFE. 


[1868. 


Although  tho  late  Presidential  election  to  which  Oovcrnor  Wiok- 
liffe  referH  had  been  considered  as  determining  whether  the  South- 
ern States  should  continue,  or  not,  to  remain  in  the  Union,  and 
although  it  had  been,  for  this  reason,  the  most  important  which 
had  been  held  since  the  foundation  of  the  Federal  Government,  yet, 
out  of  11,817  votes  registered  in  the  City  of  Now  Orleans,  only 
Sj^iSS  were  oast,  showing,  apparently  at  least,  an  inexplicable  apa* 
thy  on  the  part  of  3,484  citizens.  The  Governor  commented  on 
this  regrettable  fact  in  the  following  language  :  "  It  demonstrates 
that  some  extraordinary  cause  was  at  work  to  prevent  a  largo  pro- 
portion of  lawful  voters  from  enjoying  the  sacred  franchise  of  tho 
Constitution.  It  is  well  known  that,  at  the  two  last  general  elec- 
tions, many  of  the  streets  and  approaches  to  tho  polls  were  cora- 
])lctely  in  the  hands  of  organized  ruffians,  who  committed  acts  of 
violence  om  multitudes  of  our  naturalized  fellow-citizens  who 
dared  venture  to  exercise  the  right  of  suffrage.  Thus  nearly  one- 
third  of  the  registered  voters  of  New  Orleans  have  been  deterred 
from  exercising  their  highest  and  most  sacred  prerogative.  The 
expression  of  such  elections  is  an  open  and  palpable  fraud  on  the 
people,  and  I  recommend  you  to  adopt  such  measures  as  shall 
effectually  prevent  the  true  will  of  the  majority  from  being  totally 
silenced."  The  evil  pointed  out  b^^the  Governor  was  of  the  ut- 
most magnitude,  but  there  was  one  still  more  dangerous  than  any 
which  resulted  from  open  violence.  It  was  that  corruption  which 
enabled  foreigners  just  landing  on  our  shores  to  vote,  and  which 
put  two  or  three  thousand  illegal  voters  at  the  disposal  of  what- 
ever party  had  the  means  of  buying  them.  This  was  the  main 
cause  which,  by  producing  intense  disgust,  went  much  farther  than 
the  fear  of  assassination  to  prevent  honest  citizens  from  resorting  to 
the  ballot-box.  They  knew  all  our  elections  to  have  become  so 
hopelessly  fraudulent,  that  it  was  disgraceful  to  participate  in 
them.    They  had  retired  from  the  political  arena  in  sullen  despair. 

1868.      In  the  beginning  of  this  year  the   Governor   made 
known  to  the  Legislature  that  the  total  receipts  for  the  year,  less 
the  unexpended  balance  from  the  accounts  of  the  various  special 
and  trust  funds,  were  estimated  at  twelve  hundred  and  twenty-two  • 
thousand  five  hundred  and  six  dollars,  and  that  the  most  rigid 
economy  was  demanded  of  the  Government,  not  less  by  a  consider- 
ation of  peculiar  exigencies,  than  by  the  depressed  prices  of  all  i 
the  great  staples  of  our  agriculture  and  the  pecuniary  distress^ 
which  prevailed  amongst  the  commercial  and  industrial  classes. 
"  It  will  be  readily  perceived,"  he  said,  "  that  the  current  general 


[1868. 


1860.J 


0^-1*508 


U    WICKLIFFE. 


G85 


Wick- 

South- 

tn,  and 
which 

nt,  yet, 

iB,  only 

)le  apa- 

ited  on 

iBtrates 

rgo  pro- 

B  of  tlio 

ral  elec- 

jro  cora- 
actB  of 

ms  who 

illy  one- 
deterred 

fc.    The 

id  on  the 
as  shall 

g  totally 

f  the  ut- 

than  any 

on  which 

lid  which 
of  what- 

the  main 
ther  than 
sorting  to 
ecome  so 
cipate  in 
a.  despair, 
lor  made 
year,  less 
as  special 
yenty-two 
lost  rigid 
consider- 
ices  of  all 
y  distress 
classes, 
nt  general 


resources  of  tkB  tUMi  MtftuWlually  sinking  IksIow  the  general  and 
extraordinary  vxiMnlitui  s  and,  each  year,  the  State  has  been 
forced  to  borrow  a  larger  sum  from  the  Special  and  Trust  Funds  of 
the  Treasury,  to  make  good  this  continually  swelling  deficit.  It 
is  time  this  vicious  practice  be  corrected,  and  th'  expenditures  of 
the  Government  confined  within  the  limits  of  its  own  proper  reve- 
nues." This  advice  was  wise  and  opportune,  for  Louisiana  had  been 
suffering  from  one  of  those  periodical  financial  crises  which  are  so  fre- 
quent in  the  United  States.  It  had  originated  toward  the  close  of  the 
month  of  \ugust,  1867,  in  New  York,  and  in  October  began  to  be 
severely  fe.t  in  New  Orleans.  Three  of  the  Free  Banks  were  forced 
to  succumb  to  the  storm,  and  one  of  the  chartered  Banks  had 
practically  suspended.  There  was  a  deficiency  of  specie  in  the 
vaults  of  those  institutions,  to  the  amount  of  about  eight  hundred 
thousand  dollars."*  But,  fortunately,  a  few  weeks  sulBccd  to  rein- 
state them  in  the  position  which  they  ought  to  have  maintained. 
The  temporary  shock  which  they  had  received  showed  after  all 
their  real  strength,  and  increased  the  confidence  deservedly  reposed 
in  them,  not  only  in  the  State,  but  also  in  other  parts  of  the  Union, 
where  they  stood  higher  in  reputation  than  any  other  institutions 
of  the  like  nature. 

For  years  past  the  Governors  of  Louisiana,  whenever  they  re- 
ferred to  our  Federal  relations,  had  never  had  any  satisfactory*^ 
communications  to  make.  Again  Governor  Wickliffe,  like  his  pred- 
ecessors, informed  the  Legislature  "  that  the  affairs  of  the  Federal 
Government  had  been  by  evil-disposed  persons  seriously  disturb- 
ed." He  called  their  attention  to  Mormonism  in  Utah,  whither 
United  States  troops  had  been  ordered  to  quell  an  anticipated  re- 
bellion, and  to  the  Territory  of  Kansas,  where  events  were  occur- 
ring which  seemed  to  render  civil  war  and  bloodshed  inevitable. 

1869.  The  Governor  took  in  his  annual  message  a  more  hope- 
ful view  of  our  Federal  relations.  "  It  has  become  apparent,"  he  said, 
"  that  the  entire  South  is  with  the  Democratic  party,  and  recent 
events  have  shown  that  a  portion  of  the  Northwest  is  also  with  us. 
This  state  of  affairs  tends  to  give  us  some  assurance  that  we  may, 
for  the  present  at  least,  hope  to  defeat  the  purposes  of  that  strong 
party  at  the  North  which  is  animated  by  a  firm  hostility  to  our 
social  and  industrial  system.  These  two  parties,  only,  now  occupy 
the  field.  The  Democratic  is  based  upon  the  idea  that  each  sep- 
tirat'e  State  is  sovereign,  and  that  the  Government  at  Washington 

'  - '  "  ;.     V  :■.,    •  Monthly  Statements  of  the  Board  of  Currency. 


m 


OOVEBNOR   IIOBEUT  C.    WIOKLIFFE. 


[1800. 


}M 


only  intcndccl  to  be  the  agent  of  the  combined  Stated  for  certain 
Hpociftl  purpoflCH.  The  Republican  appean  to  fopter  the  idea  that 
State  lines  are  mere  boundaries  for  conrenienoe  in  local  jurisdiction, 
and  that  the  majority  of  Voices  in  the  whole  United  States,  consid- 
ered as  one  nation,  ought  to  nde.  This  last  idea  v  ould  be  so  fatal 
to  the  South,  if  carried  out,  that  nearly  all  Southern  men  are  now 
with  the  Democratio  party.  Tlie  position  of  the  Northwestern 
States  oftheMiflfliHaippi  Valley,  ontitis  question,  is  of  special  interest 
to  usv  These  States  are,  by  geographical  position,  commercially 
our  allies,  whether  slave  or  free,  while  many  of  the  States  on  the 
Atlantic  side  of  the  Alleghanies  are  necessarily  hostile  in  commer- 
cial interest.  Our  principal  city  is  the  metropolis  of  the  Missis- 
sippi Valley,  and  does  much  of  the  importation  and  most  of  the 
exportation.  The  Atlantic  cities  are  rivals  of  New  Orleans  in 
both  of  these  trades.  It  is  cheering  to  find  our  commercial  allies 
of  the  Northwest  sustaining  your  Southern  policy." 

1860.  In  his  annual  message  of  1860,  Governor  Wickliflb  con- 
veyed to  the  General  Assembly  the  grateful  intelligence  that  the 
receipts  into  the  State  Treasury,  for  the  present  year,  on  account 
of  the  General  Fund,' were  estimated  at  $1,206,000,  which,  with  a 
balance  of  $133,696  remaining  on  the  31st  of  December,  1869, 
would  make  a  sum-total  of  $l,388,6g6  ;  that  the  estimated  expend- 
itures for  the  same  period,  including  the  unexpended  balancet, 
would  amount  to  $1,174,663;  showing  a  balance  in  favor  of  the 
State  on  the  Slst  of  March,  1861,  of  $164,142,  and  exhibiting  a  far 
more  prosperous  condition  of  the  finances  of  the  StnK  han  had 
been  presented  for  eight  years.  "  It  will  theretorc  be  st-en,"  said 
the  Governor,  "  that  without  increasing  the  rate  of  taxation,  the 
annually  increasing  revenues  of  the  State  will  enal''-  her  to  meet 
promptly  all  the  wants  of  the  Government." 

Returning  to  the  absorbing  topic  of  our  Federal  lelations,  which 
was  daily  becoming  more  exciting,  he  said :  "  The  times  that  are 
upon  us  are  rapidly  precipitating  a  crisis  which  must  be  met  man- 
fully. In  any  event,  I  know  that  the  people  of  Louisiana  will  not 
be  found  wanting  in  a  practical  vindication  of  their  assailed  rights 
and  in  a  proper  defence  of  their  honor.  The  times  and  the  crisis 
to  which  I  have  alluded  will  bring  into  requisition,  I  apprehend, 
all  the  qualities  indispensable  to  the  vindication  of  the  one  and  the 
defence  of  the  other.  The  character  of  Louisiana  has  not  yet  been 
stained  with  servility  or  dishonor,  and  I  know  her  people  in  the  pres- 
ent, like  her  people  in  the  past,  would  gladly  accept  any  alternative 
which  carries  with  it  honor  and  insures  self-respect,  rather  than  take 


[I860. 

I'ortaui 
.>a  that 
liction, 

)o  fatal 

ro  tiow 

vettern 

intereBt 

ercially 

I  on  tho 

!omraei"- 

MiBBlB- 

it  of  the 
leans  in 
ial  allies 

[iffo  con- 
that  the 

account 
h,  with  a 
er,  1869, 

expend- 
balancet, 

or  of  tho 

ing  a  far 
itin  had 
.en,"  said 

ttion,  tho 
to  meet 


ns. 


which 
that  are 
met  man- 
will  not 
led  rights 
the  crisis 
pprehend, 
ae  and  the 
t  yet  been 
the  pres- 
iltemative 
than  take 


1800.] 


OOVIiRNOU    liOBERT   C.    WICKLIFFE. 


687 


a  position  which  might  secure  temporary  pro***  -'.  thcsacnflcc  of 
every  principle  of  manhood,  every  element  of  independence,  every 
attribute  of  that  lofty  sovereignty  upon  which  we  have  so  justly 
prided  ourselves.  And  when  it  is  taken  into  consideration  that 
Hubraission  will  hurdly  insure  temporary  security — for  compacts 
with  cravens  are  invariably  broken  by  tho  stronger  party  the  very 
instant  they  have  answered  their  purposes — that  aggression  after 
aggression  invariable/  succeeds  each  oompromiso  of  constitutional 
right  and  submission  to  wrong — it  is  not  poo  tb^.o  that  Louisiana 
will  abate  one  jot  or  tittle  of  her  inalienable  prerogatives,  or 
swerve  in  the  least  from  tho  true,  ii  X  and  patriotic  position  sho 
has  ever  nobly  occupied." 
f  Governor  Wickliffo  went  t  ■  t 
tho  South  had  against  th^        r   i  . 


^. 


century  a  sectional  war*.ir(.\ 


.ig  the  grievances  which 
more  thai)  a  quarter  of  a 
<  .1,  .  a  hatred  of  the  institution 
pon  the  South.     At  tho 
ganization  were  contempt- 


of  slavery,  has  been  waged 
outset,  the  members  of  tb"  i«ja,.ie 
ible  in  cumber  and  intci:Lv.l,  and  their  lanatical,  treasonable  and 
atrocious  promulgations  were  deemed  fit  subjects  for  mirth  in  both 
sections  of  the  Confederacy.  At  that  time  each  State  respected 
its  constitutional  obligations,  the  comity  of  the  respective  Sover- 
eignties was  maintained,  brotherhood  and  good  feeling  prevailed 
well-nigh  universally.  All  the  South  requires  now,  or  wanted 
then,  was  the  simple  observance  of  the  organic  compact,  which 
was  cheerfully  rendered  on  all  sides ;  the  most  beneficent  system 
of  government  the  earth  ever  knew,  when  rightfully  administered — 
a  nation  of  sovereignties  under  a  confederated  head,  armed  with 
expressly  delegated  powers — worked  so  beautifully  and  harmoni- 
ously, that  it  was  the  wonder  and  admiration  of  the  world.  It 
grieves  me  to  say  that  this  happy  picture  has  been  changed ;  that 
the  small  band  of  fanatics,  once  only  deemed  fit  subjects  for  laugh- 
ter, have  grown  into  a  powerful  organization ;  that  the  cloud, 
once  a  mere  speck  upon  the  horizon,  has  attained  such  dimensions 
that  it  blackens  the  skies  of  the  majority  section  of  the  Confed- 
eracy ;  that  sovereign  States,  through  their  Legislatures  and  Gov- 
enior~,  h^vo  passed  laws  which  set  at  defiance  the  Constitution  of 
the  United  States,  which  nullify  the  laws  of  Congress,  which  tram- 
ple under  foot  the  decisions  of  the  Federal  Courts  of  last  resort, 
and  which  openly  contemn  the  executive  authority  of  the  Govern- 
ment when  exercised  in  strict  conformity  to  the  demands  of  the 
Constitution.  All  this  is  done  too  without  cause,  provocation,  or 
warrant  of  any  kind.    The  slaveholding  States  have  not  wronged, 


/ 


688 


GOVERNOR   ROBERT   C.    WIOKLIFFE. 


[1860. 


nor  attempted  to  wrong,  their  Northern  brethren  in  any  manner, 
and  in  all  controversies  they  have  been  the  first  to  yield.  They 
have  compromised,  and  compromised  for  the  sake  of  peace,  when 
they  had  rights  and  interests  at  stake,  and  the  North  none.  But 
every  yielding  and  each  compromise  has  been  followed  by  fresh 
demands  and  renewed  aggression,  until  fanaticism,  grown  bold 
by  our  yielding  and  compromises,  as  well  as  by  the  wondrous 
growth  of  its  power  in  the  North,  now  says  in  the  Federal  Senate, 
in  the  Hall  of  the  House  of  Representatives,  and  from  the  Legis- 
latures of  most  of  the  non-slaveholding  States,  backed  by  an  over- 
whelming preponderance  of  the  masses  almost  sufficient  to  elect 
a  President,  that  not  another  slave  State  shall  ever  be  admitted 
into  the  Union — no  matter  what  the  circumstances  of  the  case,  no 
matter  what  the  obligations  imposed  by  one  common  organic 
law." 

The  Governor  then  referred  to  the  attempt  made  at  Harper's 
Ferry  by  John  Brown,  with  a  band  of  fanatics  from  the  North,  to 
produce  an  insunection  of  negroes  in  Virginia.  "  The  number  act- 
ively engaged  in  it,"  he  said, "  were  insignificant ;  but  when  we  take 
into  consideration  that  they  committed  the  crimes  of  treason  and 
murder,  and  were  provided  to  equip  with  arms,  for  the  work  of 
death,  several  thousand  slaves  or  other  confederates;  that  the 
general  press  and  people  of  the  extreme  North,  on  various 
grounds,  sympathized  with  the  traitors  and  murderers,  and  soli- 
cited their  pardon,  we  cannot  close  our  eyes  to  the  inauspicious 
condition  of  affairs." 

Thomas  O.  Moore,  of  the  Parish  of  Rapides,  succeeded  Governor 
Wickliffe.  He  was  a  wealthy  sugar-planter,  and  had  been  for 
many  years  a  member  of  the  Senate  of  the  State.  He  was  in  his 
inaugural  address  as  denunciatory  of  the  dangerous  purposes  of 
the  abolition  party  as  his  predecessor  had  been  in  his  valedictory. 
"  So  bitter,"  he  said,  "  is  this  hostility  felt  toward  the  slavery 
which  these  fifteen  States  regard  as  a  gi'eat  social  and  political 
blessing,  that  it  exhibits  iiself  in  legislation  for  the  avowed  pur- 
pose of  destroying  the  rights  of  slaveholders  guaranteed  by  the 
Constitution,  and  protected  by  acts  of  Congress.  Popular  ad- 
dresses, Legislative  resolutions,  Executive  communications,  the 
press  and  the  pulpit,  all  inculcate  hatred  against  us  and  war  upon 
the  institution  of  slavery — an  institution  interwoven  with  the  very 
elements  of  our  existence.  The  fanaticism  engendered  in  the  pop- 
ular mind  by  the  doctrines  taught  and  the  enmity  excited,  manifest- 
ed itself  very  recently  by  an  iiTuption  of  armed  men  in  the  State  of 


I860.] 

Virgin! 

were  tr 

acy  was 

conspirj 

stability 

which 

felons,  1 

eral  Go^ 

tion  oft 

In  the 

who  hac 

always  I 

in  order 

last  succ 

of the  gr 

the  doctr 

labor  of  1 

mustbeci 

could  not 

ished  at  t 

means  as 

which  me 

had  hithe 

under  th( 

Southern 

city  and  \ 

populatioi 

dissolved 

the  powei 

having  m< 

Moore,  he 

of  Abrahai 

President, 

earnest  pro 

made  unde 

of  adelibei 

the  immedj 

stitution  of 

issue  a  call 

OMM,  before 

publican  Pi 

"I  do  nc 


I860.] 


GOVERNOR   T.   O.    MOORE, 


680 


Virginia,  whose  object  was  to  excite  insurrection,  and  whose  means 
were  treason  and  murder.  The  abrupt  end  to  which  the  conspir- 
acy was  brought,  and  the  sharp,  just,  and  quick  punishment  of  the 
conspirators,  proved  that  the  South  had  not  over-estimated  the 
stabUity  of  her  institutions.  But  the  apologies  and  eulogiums 
which  developed  at  the  North  a  wide-spread  sympathy  with 
felons,  have  deepened  the  distrust  in  the  permanency  of  our  Fed- 
eral Government,  and  awakened  sentiments  favorable  to  a  separa- 
tion of  the  States." 

In  the  fall  of  1860,  it  was  ascertained  that  the  Abolition  party, 
who  had  been  so  long  rampant  in  the  United  States,  and  who  had 
always  been  so  explicit  in  their  desire  to  become  the  Government, 
in  order  to  use  all  its  power  for  the  destruction  of  slavery,  had  at 
last  succeeded  in  electing  Abraham  Lincoln,  of  Illinois,  President 
of  the  great  American  Republic.  The  President-elect  represented 
the  doctrine,  that  there  was  an  irrepressible  conflict  between  the  free 
labor  of  the  North  and  the  slave  labor  of  the  South,  that  the  South 
must  become  free,  or  the  North  slaveholding,  and  that,  as  the  North 
could  not  adopt  slavery,  that  institution  must  inevitably  be  abol- 
ished at  the  Souch,  and  that  the  Government  should  resort  to  such 
means  as  would  gradually  lead  to  that  desired  result — among 
which  means  was  the  reorganization  of  the  Supreme  Court,  which 
had  hitherto  protected  the  South  in  the  enjoyment  of  its  rights 
under  the  Constitution.  An  immense  excitement  pervaded  the 
Southeni  States,  public  assemblies  were  held  everywhere,  in  every 
city  and  village,  and  the  sentiment  of  the  great  majority  of  their 
population  from  Virginia  to  Texas  was,  that  the  Union  should  be 
dissolved  before  the  President-elect  should  have  in  his  hands  all 
the  powers  of  the  Government.  The  Legislature  of  Louisiana 
having  met  in  extraordinary  session  at  the  call  of  Governor 
Moore,  he  informed  them,  on  the  10th  of  December,  of  the  election 
of  Abraham  Lincoln,  as  President,  and  Hannibal  Hamlin,  as  Vice- 
President,  "  by  a  purely  sectional  vote,  and  in  contempt  of  the 
earnest  protest  of  the  other  section."  He  argued  that  the  election, 
made  under  such  circumstances, "  was  to  be  considered  as  evidence 
of  a  deliberate  design  to  pervert  the  powers  of  the  Ck)vemment  to 
the  immediate  injury  and  ultimate  destruction  of  the  peculiar  in- 
stitution of  the  South."  The  Governor  advised  the  Legislature  to 
issue  a  call  for  a  Convention,  '*  to  meet  at  once,  and  determine  at 
oncty  before  the  day  arrived  for  the  inauguration  of  the  Black  Re- 
publican President." 

"  I  do  not  think, "  said  the  Governor,"  it  comports  with  the 


690 


GOVERNOR   T.    0.   MOORE. 


[1861. 


honor  and  self-respect  of  Louisiana,  as  a  slavcholding  State,  to 
live  under  the  government  of  a  Black  Republican  President.  I  will 
not  dispute  the  fact  that  Mr.  Lincoln  is  elected  according  to  the 
forms  of  the  Constitution,  but  the  greatest  outrages,  both  upon 
public  and  private  rights,  have  been  perpetrated  under  the  forms 
of  law.  This  question  rises  high  above  ordinary  political  consider- 
ations. It  involves  our  present  honor  and  our  future  existence  as 
a  free  and  independent  people.  It  may  be  said  that,  when  this 
Union  was  formed,  it  was  intended  to  be  perpetual  So  it  was,  as 
far  as  such  a  term  can  be  applied  to  anything  human ;  but  it  was 
also  intended  to  be  administered  in  the  same  spirit  in  which  it  was 
made,  with  a  scrupulous  regard  to  the  equality  of  the  sovereign- 
ties composing  it.  We  certainly  are  not  placed  in  the  position 
of  subjects  of  a  European  despotism,  whose  only  door  of  escape 
from  tyranny  is  the  right  of  revolution.  I  maintain  the  right  of  each 
State  to  secede  from  the  Union,  and,  therefore,  whatever  course 
Louisiana  may  pursue  now,  if  any  attempt  should  be  made  by  the 
Federal  Government  to  coerce  a  sovereign  State,  and  compel  her 
to  submission  to  an  authority  which  she  has  ceased  to  recognize,  I 
should  unhesitatingly  recommend  that  Louisiana  assist  her  sister 
States  with  the  same  alacrity  and  courage  with  which  the  colonies 
assisted  each  other  in  their  struggle  against  the  despotism  of  the 
Old  World." 

1861.  The  Convention-"  called  by  the  Legislature  to  take  into 
consideration  the  state  of  the  country,  assembled  at  Baton  Rouge, 
on  the  23d  of  January,  1861,  and  Alexander  Mouton,  a  sugar- 
planter  in  the  Parish  of  Lafayette,  who  had  been  Speaker  of  the 
House  of  Representatives,  Governor  of  the  State,  and  Senator  in 
Congress,  was  elected  President  of  that  body.  The  Legislature 
had  met  on  the  same  day,  and  Governor  Moore  transmitted  to  the 
Convention  a  copy  of  the  message  which  he  had  caused  to  be  de- 
livered to  the  General  Assembly.  He  stated  to  them  that  the 
people,  by  their  recent  vote  in  relation  to  the  Convention,  "  had 
confirmed  the  faith  of  their  Representatives  in  the  Legislative  and 
Executive  station  that  the  undivided  sentiment  of  the  State  was  for 
immediate  and  effective  resistance ;  and  that  there  was  not  found 
within  her  limits  any  difference  of  sentiment,  except  as  to  minor 
points  of  expediency,  in  regard  to  the  mannc  and  time  of  making 
such  resistance,  so  as  to  give  it  the  most  imposing  form  for  dig- 
nity and  success."  "  Our  enemies,"  he  said,  "  who  have  driven  on 
their  conflict  with  the  slavcholding  States  to  this  extremity,  will 
have  found  that,  throughout  the  borders  of  Louisiana,  we  are  one 


1861.] 


GOVERNOR  T.    0.   2H00RE. 


691 


into 


people — a  people  with  one  heart  and  one  mind — who  will  not  be 
cajoled  into  an  abandonment  of  their  rights,  and  who  cannot  be 
subdued."  The  Governor  expressed  the  conviction  that  the  South- 
ern States  would  not  be  permitted  to  depart  from  the  old  Union 
peaceably,  and  that  there  would  be  an  attempt  to  coerce  them 
to  remain  within  the  Federal  compact,  and  to  make  it  binding 
upon  them,  when  it  was  set  at  naught  by  the  majority  of  the 
members  of  that  great  national  copartnership.  "  I  have  therefore 
determined,"  he  said,  "that  the  State  of  Louisiana  should  not 
be  left  unprepared  for  the  emergency.  She  has  a  long  and  ex- 
posed frontier,  on  Avhich  the  Federal  Government  possesses  for- 
tresses capable  of  being  used  for  the  subjugation  of  the  country, 
and  to  annul  the  declared  will  of  the  people.  Near  this  capital, 
where  the  delegates  of  the  sovereign  people  are  about  to  assemble, 
was  a  military  depot,  capable,  in  unscrupulous  hands,  of  being  em- 
ployed for  the  purpose  of  overawing  and  restraining  the  delibera- 
tions of  a  free  people.  On  these  grounds,  respecting  the  manifest 
Avill  of  the  people,  and  to  the  end  that  their  deliberations  shall  be 
free,  and  their  action  supported  by  the  full  poy.sejssion  of  the  whole 
tei'ritory  of  the  State,  I  decided  to  take  pos3efe;sior.  of  the  militai*y 
posts  and  munitions  of  war  within  the  State,  as  soon  as  the  neces- 
sity of  such  action  should  be  developed  to  my  mind.  Upon  informa- 
tion which  did  not  leave  me  in  doubt  as  to  my  public  duty,  and  which 
convinced  me,  moreover,  that  prompt  action  was  the  more  neces- 
sary in  order  to  prevent  a  collision  between  the  Federal  troops  aad 
the  people  of  the  State,  I  authorized  these  steps  to  be  taken,  and 
they  were  accomplished  without  opposition  or  difficulty.  In  so 
doing,  I  was  careful  to  confine  myself  to  such  acts  as  were  neces- 
sary to  effect  the  object  with  the  greatest  certainty  and  the  least 
risk  of  violence. 

"  In  accordance  with  an  arrangement  entered  into  with  the  com- 
manding officer,  in  the  presence  of  a  force  toe  large  to  be  resisted, 
Baton  Rouge  barracks  and  arsenal,  with  all  the  Federal  property 
therein,  were  turned  over  to  me  on  the  11th  and  12th  instant,  and 
on  ther  13th  the  Federal  troops  departed.  About  the  same  time 
State  troops  occupied  Fort  Pike  on  the  Rigolets,  and  Forts 
Jackson  and  St.  Philip  on  the  Mississippi  River ;  and  such  other 
dispositions  were  made  as  seemed  necessary  for  the  public  safety. 
Receipts  were  given  in  all  instances  for  the  property  found,  in  order 
to  protect  the  officers  who  were  dispossessed  and  to  facilitate  the 
future  settlement."  On  the  26th  of  the  same  month,  the  Conven- 
tion passed  an  Ordinance  to  dissolve  the  union  between  the  State 


-M' 


692 


GOVERNOR   T.    O.    MOORE. 


[1861. 


of  Louisiana  and  the  other  States  bound  together  by  the  compact 
entitled  "  The  Constitution  of  the  United  States."  South  Caro- 
lina, Mississippi,  Florfda,  Alabama  and  Georgia  had  ab'eady  taken 
that  foi*midable  step.  The  Ordinance  of  Secession  was  conceived 
in  these  terms : 

"  We,  the  people  of  the  State  of  Louisiana,  in  Convention  assem- 
bled, do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 
that  the  ordinance  passed  by  us  in  Convention  on  the  22d  day  of 
November,  in  the  year  eighteen  hundred  and  eleven,  whereby  the 
Constitution  of  the  United  States  of  America,  and  the  amendments 
of  said  Constitution,  were  adopted,  and  all  laws  and  ordinances  by 
which  the  State  of  Louisiana  became  a  member  of  the  Federal 
Union,  be  and  the  same  are  hereby  repealed  and  abrogated,  and 
that  the  union  now  subsisting  beween  Louisiana  and  other  States, 
under  the  name  of  *  The  United  States  of  America,'  is  hereby 
dissolved. 

"  That  the  State  of  Louisiana  hereby  resumes  all  rights  and  pow- 
ers heretofore  delegated  to  the  Government  of  the  United  States 
of  America ;  that  her  citizens  are  absolved  from  all  allegiance  to 
said  Government,  and  that  she  is  in  full  possession  and  exercise  of 
all  those  rights  of  sovereignty  which  appertain  to  a  free  and  inde- 
pendent State. 

"  That  all  rights  "acquired  and  vested  under  the  Constitution  of 
the  United  States,  or  any  act  of  Congress  or  treaty,  or  under  any 
law  of  this  State,  and  not  incompatible  with  this  Ordinance,  shall 
remain  in  force,  and  shall  have  the  same  effect  as  if  this  Ordinance 
had  not  been  passed." 

The  financial  condition  of  the  State,  when  she  seceded,  may  be 
easily  seen  from  the  Auditor's  account,  presented  in  January,  1861. 
The  receipts  into  the  State  Treasury,  from  all  sources,  for  the  year 
ending  on  the  31st  of  December,  1860,  were  $2,378,793  44,  out  of 
which  the  taxes  oi.  real  estate  amounted  to  $680,705  75,  and  the 
taxes  on  trades,  professions,  occupations,  and  auction  sales  to 
$300,475.  The  expenditure  was  $2,224,702,  and  the  liabilities 
amounted  to  $10,099,074.  The  population,  according  to  the  late 
decennial  census  of  the  United  States,  -was  709,433 ;  of  which 
332,523  were  slaves. 

Louisiana  was  then  in  as  high  a  state  of  prosperity  as  ever  any 
land  was  blessed  with,  but  with  sublime  imprudence  she  did  not 
hesitate  to  stake  the  whole  of  it  on  the  cast  of  a  die,  at  what  she 
conceived  to  be  the  call  of  honor  and  duty.  Four  years  have  since 
elapsed ;  she  is  now  the  seat  of  desolation — the  footstool  of  subju- 


[1861. 


1865.] 


THE   DOOM   OF   LOUISIANA. 


693 


he  compact 
iouth  Caro- 
•eady  taken 
s  conceived 

ition  assein- 
id  ordainec' , 
22d  day  of 
[»rherel'y  the 
imendraents 
•dinances  by 
the  Federal 
rogated,  and 
other  States, 
k,»  is  hereby 

hts  and  pow- 
fnited  States 
allegiance  to 
id  exercise  of 
i-ee  and  inde- 

nstitutiou  of 
or  under  any 
iinance,  shall 
lis  Ordinance 

?ded,  may  be 
anuary,  1861. 
,  for  the  year 
93  44,  out  of 
5  Y5,  and  the 
tion  sales  to 
;he  liabilities 
ig  to  the  late 
3 ;   of  which 

ly  as  ever  any 
she  did  not 
L  at  what  she 
lars  have  since 
Itool  of  subju- 


gation ;  the  hoof  of  the  conqueror's  horse  has  withered  her  opulent 
fields  in  the  land  Avhich  was  once  a  fit  residence  for  her  bravo  and 
free  population  of  the  Caucasian  race,  and  an  Elysium  for  her 
African  bondsmen.  Another  pen  than  mine  will  relate  her  suffer- 
ings, her  sacrifices,  her  heroism  in  battle,  her  fortitude  and  resig- 
nation in  defeat  and  humiliation,  after  prodigies  of  resistance 
against  overwhelming  numbers  on  bind  and  water.  Farewell, 
O  sainted  and  martyred  mother  I  My  task  as  historian  is  done, 
but  my  love,  as  thy  oon,  shall  cling  to  thee  in  poverty  and  sor- 
row, and  neblle  in  thy  scarred  bosom  with  more  rapturous  con- 
stancy than  when  thy  face  was  beaming  with  joy  and  hope,  when 
wealth  was  thy  handmaid,  and  the  eye  of  God  not  averted  in 
anger  from  that  noble  brow  where  once  rested  the  pride  of 
sovereignty.* 

*  This  was  written  whilst  Louisiana  was  under  Federal  military  authority, 
in  1865.  * 


THE  END. 


